Florida Senate - 2022 SB 1884 By Senator Powell 30-00930-22 20221884__ 1 A bill to be entitled 2 An act relating to legalization of recreational 3 marijuana; providing a short title; amending s. 4 20.165, F.S.; renaming the Division of Alcoholic 5 Beverages and Tobacco within the Department of 6 Business and Professional Regulation as the Division 7 of Alcoholic Beverages, Marijuana, and Tobacco; 8 amending s. 561.025, F.S.; renaming the Alcoholic 9 Beverage and Tobacco Trust Fund as the Alcoholic 10 Beverage, Marijuana, and Tobacco Trust Fund; requiring 11 funds collected pursuant to ch. 566, F.S., to be 12 deposited into the trust fund; creating ch. 566, F.S., 13 entitled Recreational Marijuana; defining terms; 14 providing construction; authorizing persons 21 years 15 of age and older to engage in specified activities 16 relating to the personal use of marijuana; limiting 17 the number of seedlings and the amount of marijuana 18 allowable for personal use; limiting the number of 19 plants that may be cultivated and specifying locations 20 where cultivation may occur; requiring that a person 21 who elects to cultivate marijuana take certain 22 reasonable precautions regarding securing plants; 23 restricting where marijuana may be smoked or ingested; 24 providing civil penalties; prohibiting the use of 25 false or fraudulent evidence of age by persons younger 26 than 21 years of age for specified purposes relating 27 to the procurement of or gaining access to marijuana; 28 providing civil penalties; providing for the waiver by 29 the court of civil penalties; providing construction; 30 authorizing personal use cultivation for qualified 31 patients under s. 381.986, F.S.; imposing limitations 32 and requirements on the cultivation of marijuana for 33 personal use; imposing possession limits on specified 34 forms of cannabis for residents and nonresidents of 35 this state; specifying duties of the division under 36 ch. 566, F.S.; requiring the division to create a 37 cannabis equity program by a specified date; providing 38 requirements for the program; specifying application 39 requirements for assistance grants; requiring the 40 division to grant funds in a specified manner; 41 providing requirements for grant recipients; providing 42 additional duties of the division; requiring the 43 division to develop and implement a program to defer 44 or waive certain fees for need-based applicants and 45 licensees, by a specified date; providing requirements 46 for the program; requiring that the division and the 47 Department of Economic Opportunity create a low 48 interest loan program; specifying requirements for 49 cannabis equity program applicants and licensees that 50 operate microbusinesses; requiring the division to 51 create a program to assist such applicants or 52 licensees in transitioning to licensure as cultivation 53 centers; providing for issuance of early approval 54 adult use dispensing organization licenses; providing 55 the application process; specifying selection 56 criteria; requiring the department to issue the 57 licenses within a specified timeframe, with 58 exceptions; authorizing medical marijuana treatment 59 centers that obtain such licenses to engage in 60 specified activities on or after a specified date; 61 requiring such licensees to maintain an adequate 62 supply of cannabis and cannabis-infused products for 63 qualified patients; defining the term adequate 64 supply; requiring such licensees to prioritize 65 qualified patients in the event of any shortages; 66 authorizing such licensees to allow purchasers into 67 limited access areas; providing for the expiration and 68 renewal of early approval adult use dispensing 69 organization licenses; requiring certain fees to be 70 deposited into the Alcoholic Beverage, Marijuana, and 71 Tobacco Trust Fund; providing for conditional adult 72 use dispensing organization licenses; providing the 73 application process; specifying selection criteria; 74 providing for the issuance of such licenses after a 75 specified date; providing for adult use dispensing 76 organization licenses; providing the application 77 process; specifying selection criteria; providing for 78 identification cards for dispensing organization 79 agents; requiring owners, managers, employees, and 80 agents of adult use dispensing organizations to 81 complete certain training by a specified date; 82 providing requirements for the training program; 83 providing for the renewal of adult use dispensing 84 organization licenses; requiring disclosure of 85 ownership and control of dispensing organizations; 86 requiring evidence of financial responsibility for the 87 issuance, maintenance, or reactivation of a license; 88 providing requirements for such evidence; providing 89 for changes to dispensing organizations; providing for 90 administration of dispensing organizations; providing 91 operational requirements; providing requirements for 92 inventory control systems; providing cannabis storage 93 requirements for dispensing organizations; providing 94 requirements for dispensing cannabis; providing 95 requirements for destruction and disposal of cannabis; 96 requiring designation of an agent-in-charge; providing 97 requirements for such agents; requiring dispensaries 98 to have specified security measures; specifying 99 requirements for such security measures; requiring 100 dispensaries to keep and maintain certain records; 101 specifying recordkeeping requirements; providing for 102 the closure of dispensaries; providing the department 103 with inspection and investigative authority; providing 104 for nondisciplinary citations for minor violations; 105 specifying grounds for disciplinary actions; 106 authorizing temporary suspension of licenses; 107 authorizing consent orders to resolve certain 108 disciplinary complaints; providing for hearings on 109 disciplinary complaints; authorizing the department to 110 issue subpoenas and administer oaths; providing for 111 issuance of adult use cultivation center licenses; 112 providing license requirements; providing for early 113 approval of adult use cultivation center licenses; 114 providing for conditional adult use cultivation center 115 license applications; providing requirements for such 116 centers; providing for scoring of applications; 117 providing for denial of applications under certain 118 circumstances; providing cultivation center 119 requirements and prohibitions; providing for 120 cultivation center agent identification cards; 121 requiring cultivation center agent background checks; 122 providing for renewal of cultivation center licenses 123 and agent identification cards; providing for 124 licensure of craft growers; providing license 125 requirements; providing for applications and scoring; 126 prohibiting issuance of craft grower licenses to 127 specified persons under certain circumstances; 128 providing for denial of applications under certain 129 circumstances; providing requirements and prohibitions 130 for craft growers; providing for craft grower 131 identification cards; requiring background checks; 132 providing for renewal of licenses and identification 133 cards; providing for licensing of infuser 134 organizations; providing license requirements; 135 providing for applications and scoring; providing for 136 denial of applications under certain circumstances; 137 providing infuser organization requirements and 138 prohibitions; providing for infuser organization 139 identification cards; providing requirements for the 140 adequate supply of cannabis-infused products; 141 requiring background checks; providing for renewal of 142 licenses and identification cards; providing for 143 licensing of transporting organizations; providing 144 license requirements; providing for applications and 145 scoring; providing for denial of applications under 146 certain circumstances; providing transporting 147 organization requirements and prohibitions; providing 148 for identification cards; requiring background checks; 149 providing for renewal of licenses and identification 150 cards; providing for cannabis testing facilities; 151 requiring approval of testing facilities; providing 152 requirements for such facilities; requiring certain 153 tests to be performed before the manufacturing or 154 natural processing of any cannabis or cannabis-infused 155 product or packaging cannabis for sale to a 156 dispensary; requiring the department to establish 157 certain standards; authorizing the department to adopt 158 rules; authorizing certain enforcement actions by the 159 department; authorizing the Attorney General to 160 enforce certain provisions under the Florida Deceptive 161 and Unfair Trade Practices Act; providing immunity 162 from prosecution or discipline under certain 163 provisions for licensees for engaging in licensed 164 conduct; providing construction; providing standards 165 and requirements for advertising and promotions; 166 providing standards and requirements for packaging and 167 labeling; requiring certain warning labels; providing 168 for certain local zoning ordinances for regulated 169 businesses; providing for nonconflicting local 170 ordinances and rules; authorizing certain local 171 regulation of on-premises cannabis consumption; 172 defining terms; authorizing the establishment of 173 restricted cannabis zones; providing a process for 174 local governments to create such zones; providing 175 requirements for such zones; requiring the Attorney 176 General to advocate to quash certain federal 177 subpoenas; authorizing certain scientific and medical 178 researchers to purchase, possess, securely store, 179 administer, and distribute marijuana under certain 180 circumstances and for specified purposes; providing 181 construction; authorizing the department to adopt 182 rules; providing that engaging in certain conduct may 183 not be the basis for certain findings related to good 184 moral character; providing criminal penalties; 185 providing for search, seizure, and forfeiture of 186 cannabis under certain circumstances; providing for 187 enforcement of certain tax provisions; requiring the 188 department to submit a report to the Governor and the 189 Legislature by a specified date; providing 190 requirements for the report; requiring the department 191 to post the report on its website; amending s. 500.03, 192 F.S.; providing that marijuana establishments that 193 sell food containing marijuana are considered food 194 establishments for the purposes of specified 195 regulations; creating s. 500.105, F.S.; specifying 196 that food products containing marijuana which are 197 prepared in permitted food establishments and sold by 198 licensed retail marijuana stores are not considered 199 adulterated; amending s. 562.13, F.S.; prohibiting 200 licensed marijuana establishments from employing 201 person younger than 18 years of age; amending s. 202 569.0073, F.S.; exempting licensed marijuana 203 establishments from specified provisions regulating 204 the sale of pipes and smoking devices; amending s. 205 893.03, F.S.; removing cannabis from the schedule of 206 controlled substances; amending ss. 893.13 and 207 893.135, F.S.; providing that conduct authorized under 208 ch. 566, F.S., is not prohibited by specified 209 controlled substance prohibitions; removing 210 restrictions on possession and sale of cannabis; 211 creating s. 893.13501, F.S.; providing for retroactive 212 effect of amendments to ss. 893.03, 893.13, and 213 893.135, F.S., by this act; providing for sentence 214 review for certain offenders; requiring notice to 215 certain offenders; providing procedures for 216 resentencing or release of offenders; providing 217 exceptions; creating s. 943.0586, F.S.; defining 218 terms; authorizing an individual convicted of certain 219 offenses to have his or her criminal history record 220 sealed or to petition the court for expunction of his 221 or her criminal history record, under certain 222 circumstances; requiring the individual to first 223 obtain a certificate of eligibility from the 224 Department of Law Enforcement; requiring the 225 department to adopt rules establishing the procedures 226 for applying for and issuing such certificates; 227 requiring the department to issue a certificate under 228 certain circumstances; providing for the expiration of 229 and reapplication for the certificate; providing for 230 sealing of certain records upon the departments 231 determination of eligibility; providing requirements 232 for a petition for expunction; providing criminal 233 penalties; providing for the courts authority over 234 its own procedures, with an exception; requiring the 235 court to order the expunction of a criminal history 236 record under certain circumstances; providing that 237 expunction of certain criminal history records does 238 not affect eligibility for expunction of other 239 criminal history records; providing procedures for 240 processing expunction petitions and orders; providing 241 that a person granted an expunction may lawfully deny 242 or fail to acknowledge the underlying arrest or 243 conviction, with exceptions; providing that a person 244 may not be deemed to have committed perjury or 245 otherwise held liable for giving a false statement if 246 he or she fails to recite or acknowledge an expunged 247 criminal history record; amending s. 943.0595, F.S.; 248 conforming provisions to changes made by the act; 249 defining terms; requiring the department to establish 250 and administer the Florida College System Cannabis 251 Vocational Pilot Program in coordination with the 252 Board of Education; authorizing the department to 253 issue a specified number of program licenses by a 254 specified date; authorizing Florida College System 255 institutions awarded program licenses to offer a 256 Career in Cannabis Certificate; providing requirements 257 for the certificate; authorizing the department to 258 adopt rules; providing an age requirement for students 259 who participate in the pilot program; providing for 260 the issuance of program licenses; providing 261 requirements and prohibitions for program licensees; 262 providing for faculty identification cards; providing 263 enforcement authority to the department; providing for 264 inspections; providing requirements for faculty 265 identification cards; requiring the board to submit a 266 report to the Governor and the Legislature by a 267 specified date; providing requirements for the report; 268 providing for the repeal of the pilot program; 269 amending ss. 210.01, 210.10, 210.13, 210.151, 210.16, 270 210.1605, 210.20, 210.25, 210.405, 210.51, 213.053, 271 282.709, 322.212, 386.207, 402.62, 403.708, 455.116, 272 456.0635, 561.01, 561.02, 561.121, 561.14, 561.20, 273 561.221, 561.32, 561.545, 561.68, 561.695, 561.703, 274 562.025, 562.111, 562.45, 569.002, 569.003, 569.12, 275 569.31, 616.265, 633.142, 772.12, 812.171, 812.173, 276 812.174, 812.175, 812.176, 832.06, 877.18, 893.055, 277 893.0551, 893.15, 893.21, 921.0022, 932.7055, 948.20, 278 1002.395, and 1003.485, F.S.; conforming cross 279 references and provisions to changes made by the act; 280 providing an effective date. 281 282 WHEREAS, the prohibition against the sale and use of 283 recreational cannabis has had a devastating impact on 284 communities across this state and nation, and 285 WHEREAS, persons convicted of a cannabis offense and their 286 families suffer the long-term consequences of a criminal 287 conviction, and 288 WHEREAS, some individuals have a more difficult time 289 entering the cannabis industry, in part, due to a lack of access 290 to capital, business space, technical support, and assistance 291 with regulatory compliance, and 292 WHEREAS, offering technical support, regulatory compliance 293 assistance, and assistance with securing the capital necessary 294 to begin a business will further reduce barriers to licensure 295 and employment in the regulated industry, and 296 WHEREAS, offering such support will also aid the state in 297 attaining its goal of reducing the size of or eliminating the 298 illicit cannabis market by bringing more people into the legal 299 marketplace, and 300 WHEREAS, it is the intent of the Legislature in enacting 301 this act to ensure that persons most harmed by cannabis 302 criminalization and poverty are offered assistance to enter the 303 multi-billion dollar cannabis industry as entrepreneurs or as 304 employees with high quality, well-paying jobs, and 305 WHEREAS, it is the intent of the Legislature that the legal 306 cannabis industry be representative of the states population, 307 and that barriers to entering the industry be reduced through 308 implementation of cannabis equity programs, NOW, THEREFORE, 309 310 Be It Enacted by the Legislature of the State of Florida: 311 312 Section 1.This act may be cited as the Florida Adult Use 313 and Equity Act. 314 Section 2.Paragraph (b) of subsection (2) and paragraph 315 (a) of subsection (9) of section 20.165, Florida Statutes, are 316 amended to read: 317 20.165Department of Business and Professional Regulation. 318 There is created a Department of Business and Professional 319 Regulation. 320 (2)The following divisions of the Department of Business 321 and Professional Regulation are established: 322 (b)Division of Alcoholic Beverages, Marijuana, and 323 Tobacco. 324 (9)(a)All employees authorized by the Division of 325 Alcoholic Beverages, Marijuana, and Tobacco shall have access 326 to, and shall have the right to inspect, premises licensed by 327 the division, to collect taxes and remit them to the officers 328 entitled to them, and to examine the books and records of all 329 licensees. The authorized employees shall require of each 330 licensee strict compliance with the laws of this state relating 331 to the transaction of such business. 332 Section 3.Section 561.025, Florida Statutes, is amended to 333 read: 334 561.025Alcoholic Beverage, Marijuana, and Tobacco Trust 335 Fund.There is created within the State Treasury the Alcoholic 336 Beverage, Marijuana, and Tobacco Trust Fund. All funds collected 337 by the division under ss. 210.15, 210.40, or under s. 569.003 338 and the Beverage Law with the exception of state funds collected 339 pursuant to ss. 563.05, 564.06, and 565.12 must shall be 340 deposited in the State Treasury to the credit of the trust fund, 341 notwithstanding any other provision of law to the contrary. In 342 addition, funds collected by the division under chapter 566 must 343 be deposited into the trust fund. Moneys deposited to the credit 344 of the trust fund must shall be used to operate the division and 345 to provide a proportionate share of the operation of the office 346 of the secretary and the Division of Administration of the 347 Department of Business and Professional Regulation; except that: 348 (1)The revenue transfer provisions of ss. 561.32 and 349 561.342(1) and (2) shall continue in full force and effect, and 350 the division shall cause such revenue to be returned to the 351 municipality or county in the manner provided for in s. 561.32 352 or s. 561.342(1) and (2).; and 353 (2)Ten percent of the revenues derived from retail tobacco 354 products dealer permit fees collected under s. 569.003 must 355 shall be transferred to the Department of Education to provide 356 for teacher training and for research and evaluation to reduce 357 and prevent the use of tobacco products by children. 358 Section 4.Chapter 566, Florida Statutes, consisting of 359 sections 566.011-566.806, is created to read: 360 CHAPTER 566 361 RECREATIONAL MARIJUANA 362 566.011Definitions.As used in this chapter, the term: 363 (1)Adult use cultivation center license means a license 364 issued by the department which authorizes a person to act as a 365 cultivation center under this chapter and any rule adopted 366 pursuant thereto. 367 (2)Adult use dispensing organization license means a 368 license issued by the department which authorizes a person to 369 act as a medical marijuana treatment center under this chapter 370 and any rule adopted pursuant thereto. 371 (3)Advertise means to engage in promotional activities, 372 including, but not limited to, newspaper, radio, Internet and 373 electronic media, and television advertising; the distribution 374 of fliers and circulars; and the display of window and interior 375 signs. 376 (4)BLS region means a region in this state used by the 377 United States Bureau of Labor Statistics to gather and 378 categorize employment and wage data. 379 (5)Cannabis means any of the following: 380 (a)Marijuana, hashish, and other substances that are 381 identified as including any parts of the plant Cannabis sativa, 382 including derivatives or subspecies, such as indica, of all 383 strains of cannabis, whether growing or not, and the seeds 384 thereof. 385 (b)Resin extracted from any part of the plant. 386 (c)Any compound, manufacture, salt, derivative, mixture, 387 or preparation of the plant, its seeds, or its resin, including 388 tetrahydrocannabinol (THC) and all other naturally produced 389 cannabinol derivatives, whether produced directly or indirectly 390 by extraction. 391 (d)Cannabis concentrate and cannabis-infused products. 392 393 The term does not include industrial hemp as defined and 394 authorized under the Industrial Hemp Act or the mature stalks of 395 the plant, fiber produced from the stalks, oil or cake made from 396 the seeds of the plant, or any other compound, manufacture, 397 salt, derivative, mixture, or preparation of the mature stalks, 398 except the resin extracted from it, fiber, oil or cake, or the 399 sterilized seed of the plant that is incapable of germination. 400 (6)Cannabis business establishment means a cultivation 401 center, craft grower, processing organization, dispensing 402 organization, or transporting organization. 403 (7)Cannabis concentrate means a product derived from 404 cannabis that is produced by extracting cannabinoids from the 405 plant through the use of a solvent approved by the department. 406 (8)Cannabis container means a sealed, traceable 407 container or package used for the purpose of containment of 408 cannabis or cannabis-infused product during transportation. 409 (9)Cannabis equity program means a program adopted or 410 operated by the state which focuses on the inclusion in this 411 states cannabis industry of individuals who are linked to 412 populations or neighborhoods that were negatively or 413 disproportionately impacted by cannabis criminalization and 414 providing support to such individuals. Cannabis equity programs 415 may provide, but are not limited to providing, the following 416 types of services: 417 (a)Small business support services offering technical 418 assistance to persons from economically disadvantaged 419 communities that experience high rates of poverty or communities 420 most harmed by cannabis prohibition, determined by historically 421 high rates of arrests or convictions for cannabis law 422 violations. 423 (b)Tiered fees or fee waivers for cannabis-related permits 424 and licenses. 425 (c)Assistance in paying state regulatory and licensing 426 fees. 427 (d)Assistance securing business locations before or during 428 the application process. 429 (e)Assistance securing capital investments. 430 (f)Assistance with regulatory compliance. 431 (g)Assistance in recruitment, training, and retention of a 432 qualified and diverse workforce, including transitional workers. 433 (10)Cannabis flower means marijuana, hashish, and other 434 substances that are identified as including any parts of and any 435 derivatives or subspecies from the plant Cannabis sativa, such 436 as indica, of all strains of cannabis, including raw kief, 437 leaves, and buds, but not resin that has been extracted from any 438 part of such plant. The term includes any compound, manufacture, 439 salt, derivative, mixture, or preparation of such plant, its 440 seeds, or its resin. 441 (11)Cannabis-infused product means a beverage, food, 442 oil, ointment, tincture, topical formulation, or any other 443 product containing cannabis that is not intended to be smoked. 444 (12)Cannabis plant monitoring system or plant 445 monitoring system means a system that includes, but is not 446 limited to, testing and data collection established and 447 maintained by the cultivation center, craft grower, or 448 processing organization and that is available to the department, 449 the Department of Revenue, and the Department of Law Enforcement 450 for the purposes of documenting each cannabis plant and 451 monitoring plant development throughout the life cycle of a 452 cannabis plant cultivated for the intended use by a customer 453 from seed planting to final packaging. 454 (13)Cannabis testing facility means an entity registered 455 by the department to test cannabis for potency and contaminants. 456 (14)Clone means a plant section from a female cannabis 457 plant not yet rootbound, growing in a water solution or other 458 propagation matrix, which is capable of developing into a new 459 plant. 460 (15)Conditional adult use cultivation center license 461 means a license awarded to top-scoring applicants for an adult 462 use cultivation center license which reserves the right to an 463 adult use cultivation center license if the applicant meets 464 certain conditions as determined by the department by rule; 465 however, such conditional license does not entitle the recipient 466 to begin growing, processing, or selling cannabis or cannabis 467 infused products. 468 (16)Conditional adult use dispensing organization 469 license means a license awarded to top-scoring applicants for 470 an adult use dispensing organization license which reserves the 471 right to an adult use dispensing organization license if the 472 applicant meets certain conditions described in this chapter; 473 however, such conditional license does not entitle the licensee 474 to begin purchasing or selling cannabis or cannabis-infused 475 products. 476 (17)Consumer means a person 21 years of age or older who 477 purchases marijuana or marijuana products for personal use or 478 for use by persons 21 years of age or older, but not for resale 479 to other persons. 480 (18)Craft grower means a facility operated by an 481 organization or business that is licensed by the department to 482 cultivate, dry, cure, and package cannabis and perform other 483 necessary activities to make cannabis available for sale at a 484 dispensing organization or for processing at a processing 485 organization. A craft grower may contain up to 5,000 square feet 486 of canopy space on its premises for plants in the flowering 487 state. The department may authorize by rule an increase or 488 decrease in flowering stage cultivation space in increments of 489 3,000 square feet based on market need, craft grower capacity, 490 and the licensees history of compliance or noncompliance, with 491 a maximum space of 14,000 square feet for cultivating plants in 492 the flowering stage, which must be cultivated in all stages of 493 growth in an enclosed and secure area. A craft grower may share 494 premises with a processing organization or a dispensing 495 organization, or both, provided that each licensee stores 496 currency and cannabis or cannabis-infused products in a separate 497 secured vault to which the other licensee does not have access; 498 however, all licensees who have common ownership of more than 50 499 percent may share a vault. 500 (19)Craft grower agent means a principal officer, board 501 member, employee, or other agent of a craft grower who is 21 502 years of age or older. 503 (20)Cultivation center means a facility operated by an 504 organization or business that is licensed by the department to 505 cultivate, process, transport, and perform other necessary 506 activities to provide cannabis and cannabis-infused products to 507 cannabis business establishments, subject to any limitations 508 imposed by this chapter. 509 (21)Cultivation center agent means a principal officer, 510 board member, employee, or other agent of a cultivation center 511 who is 21 years of age or older. 512 (22)Department means the Department of Business and 513 Professional Regulation. 514 (23)Dispensary means a facility operated by a dispensing 515 organization at which activities conducted under a license 516 issued under this chapter may occur. 517 (24)Dispensing organization means a facility operated by 518 an organization or business that is licensed by the department 519 to acquire cannabis from a cultivation center, a craft grower, a 520 processing organization, or another dispensary for the purpose 521 of selling or dispensing, under this chapter, cannabis, 522 cannabis-infused products, cannabis seeds, paraphernalia, or 523 related supplies to purchasers or to qualified patients and 524 caregivers. The term includes a medical marijuana treatment 525 center licensed under s. 381.986. 526 (25)Disproportionately impacted area means a census 527 tract or comparable geographic area that, as determined by the 528 Department of Economic Opportunity, satisfies the following 529 criteria: 530 (a)The area has a poverty rate of at least 20 percent 531 according to the latest federal decennial census. 532 (b)Seventy-five percent or more of the children in the 533 area participate in the federal National School Lunch Program 534 according to reported statistics from the Department of 535 Education. 536 (c)At least 20 percent of the households in the area 537 receive assistance under the Supplemental Nutrition Assistance 538 Program. 539 (d)The area has an average unemployment rate, as 540 determined by the Department of Economic Opportunity, that is 541 more than 120 percent of the national unemployment average, as 542 determined by the United States Department of Labor, for a 543 period of at least 2 consecutive calendar years preceding the 544 date of the application. 545 (e)The area has a high rate of arrest, conviction, and 546 incarceration related to the sale, possession, use, cultivation, 547 manufacture, or transport of cannabis. 548 (26)Division means the Division of Alcoholic Beverages, 549 Marijuana, and Tobacco of the department. 550 (27)Early approval adult use cultivation center license 551 means a license that authorizes a medical marijuana treatment 552 center licensed under s. 381.986 as of July 1, 2022, unless 553 otherwise provided in this chapter, to begin cultivating, 554 infusing, packaging, transporting, and selling cannabis to 555 cannabis business establishments for resale to purchasers as 556 authorized by this chapter as of January 1, 2023. 557 (28)Early approval adult use dispensing organization at a 558 secondary site means a license that authorizes a medical 559 marijuana treatment center licensed under s. 381.986 as of July 560 1, 2022, to begin selling cannabis to purchasers at a different 561 dispensary location from its existing registered medical 562 dispensary location as authorized by this chapter beginning on 563 January 1, 2023. 564 (29)Early approval adult use dispensing organization 565 license means a license that authorizes a medical marijuana 566 treatment center licensed under s. 381.986 as of July 1, 2022, 567 to begin selling cannabis to purchasers as authorized by this 568 chapter beginning on January 1, 2023. 569 (30)Enclosed, locked facility means a room, greenhouse, 570 building, or other enclosed area equipped with locks or other 571 security devices that allow access only by cannabis business 572 establishment agents who are employed by the licensed cannabis 573 business establishment or acting pursuant to this chapter to 574 cultivate, process, store, or distribute cannabis. 575 (31)Enclosed, locked space means a closet, room, 576 greenhouse, building, or other enclosed area equipped with locks 577 or other security devices that allow for access only by 578 individuals as authorized under this chapter. Enclosed, locked 579 space may include: 580 (a)A space within a residential building that: 581 1.Is the primary residence of the individual cultivating 582 five or fewer cannabis plants that are more than 5 inches tall; 583 and 584 2.Includes sleeping quarters and indoor plumbing. The 585 space must be accessible only by a key or code that is different 586 from any key or code that can be used to access the residential 587 building from the exterior; or 588 (b)A structure, such as a shed or greenhouse, that lies on 589 the same plot of land as a residential building that: 590 1.Includes sleeping quarters and indoor plumbing; and 591 2.Is used as a primary residence by the person cultivating 592 five or fewer cannabis plants that are more than 5 inches tall. 593 The structure must remain locked when it is unoccupied by 594 people. 595 (32)Financial institution has the same meaning as in s. 596 655.005 and also includes the holding companies, subsidiaries, 597 and affiliates of such financial institutions. 598 (33)Flowering stage means the stage of cultivation when 599 a cannabis plant is cultivated to produce plant material for 600 cannabis products. This includes mature plants, as follows: 601 (a)If more than two stigmas are visible at each internode 602 of the plant; or 603 (b)If the cannabis plant is in an area that has been 604 intentionally deprived of light for a period of time intended to 605 produce flower buds and induce maturation, from the moment the 606 light deprivation began through the remainder of the marijuana 607 plant growth cycle. 608 (34)Individual means a natural person. 609 (35)Infuser organization or infuser means a facility 610 operated by an organization or business that is licensed by the 611 department to directly incorporate cannabis or cannabis 612 concentrate into a product formulation to produce a cannabis 613 infused product. 614 (36)Kief means the resinous crystal-like trichomes that 615 are found on cannabis and that are accumulated, resulting in a 616 higher concentration of cannabinoids, untreated by heat or 617 pressure, or extracted using a solvent. 618 (37)Labor peace agreement means an agreement between a 619 cannabis business establishment and any labor organization 620 recognized under the National Labor Relations Act, referred to 621 in this chapter as a bona fide labor organization, which 622 prohibits labor organizations and their members from engaging in 623 picketing, work stoppages, boycotts, and any other economic 624 interference with the cannabis business establishment. The 625 agreement provides that the cannabis business establishment has 626 agreed to not disrupt efforts by the bona fide labor 627 organization to communicate with, and attempt to organize and 628 represent, the cannabis business establishments employees. The 629 agreement must provide a bona fide labor organization access at 630 reasonable times to areas in which the cannabis business 631 establishments employees work, for the purpose of meeting with 632 employees to discuss their right to representation, employment 633 rights under state law, and terms and conditions of employment. 634 The agreement may not mandate a particular method of election or 635 certification of the bona fide labor organization. 636 (38)Licensee means any individual, partnership, 637 corporation, firm, association, or other legal entity holding a 638 marijuana establishment license within the state. 639 (39)Limited access area means a building, room, or other 640 area under the control of a cannabis dispensing organization 641 licensed under this chapter and upon the licensed premises with 642 access limited to purchasers, dispensing organization owners and 643 other dispensing organization agents, or service professionals 644 conducting business with the dispensing organization. 645 (40)Marijuana accessories means equipment, products, or 646 materials of any kind that are used, intended for use, or 647 designed for use in planting, propagating, cultivating, growing, 648 harvesting, composting, manufacturing, compounding, converting, 649 producing, processing, preparing, testing, analyzing, packaging, 650 repackaging, storing, vaporizing, or containing marijuana or for 651 ingesting, inhaling, or otherwise introducing marijuana into the 652 human body. 653 (41)Marijuana testing facility means an entity licensed 654 to analyze and certify the safety and potency of marijuana. 655 (42)Member of an impacted family means an individual who 656 has a parent, legal guardian, child, spouse, or dependent, or 657 was a dependent of an individual who, before July 1, 2022, was 658 arrested for, convicted of, or adjudicated delinquent for any 659 offense that is eligible for expungement under this chapter. 660 (43)Minor means a person younger than 21 years of age. 661 (44)Mother plant means a cannabis plant that is 662 cultivated or maintained for the purpose of generating clones 663 and that will not be used to produce plant material for sale to 664 an infuser or dispensing organization. 665 (45)Ordinary public view means within the sight line of 666 normal visual range of a person, unassisted by visual aids, from 667 a public street or sidewalk adjacent to real property or from 668 within an adjacent property. 669 (46)Ownership and control means ownership of at least 51 670 percent of the business, including corporate stock if a 671 corporation, and control over the management and day-to-day 672 operations of the business and an interest in the capital, 673 assets, and profits and losses of the business proportionate to 674 percentage of ownership. 675 (47)Possession limit means the amount of cannabis that 676 may be possessed at any one time by a person 21 years of age or 677 older or who is a registered qualified patient or caregiver 678 under s. 381.986, as specified under s. 566.013. 679 (48)Primary residence means a dwelling where a person 680 usually stays or stays more often than other locations. It may 681 be determined by, without limitation, presence, tax filings, or 682 the address on a driver license, a state issued identification 683 card, or voter registration. A person may not have more than one 684 primary residence. 685 (49)Principal officer includes a cannabis business 686 establishment applicant or a licensed cannabis business 687 establishments board member, owner with more than 1 percent 688 interest of the total cannabis business establishment or more 689 than 5 percent interest of the total cannabis business 690 establishment of a publicly traded company, president, vice 691 president, secretary, treasurer, partner, officer, member, or 692 manager member, or a person with a profit-sharing arrangement, 693 financial interest, or revenue-sharing arrangement with the 694 business. The term includes a person with authority to control 695 the cannabis business establishment, a person who assumes 696 responsibility for the debts of the cannabis business 697 establishment, and other persons as specified in this chapter. 698 (50)Processing organization or processor means a 699 facility operated by an organization or business that is 700 licensed by the department to either extract constituent 701 chemicals or compounds to produce cannabis concentrate or to 702 incorporate cannabis or cannabis concentrate into a product 703 formulation to produce a cannabis product. 704 (51)Processing organization agent means a principal 705 officer, board member, employee, or agent of a processing 706 organization. 707 (52)Processing organization agent identification card 708 means a document issued by the department which identifies a 709 person as a processing organization agent. 710 (53)Purchaser means a person who acquires cannabis for 711 any valuable consideration. The term does not include a 712 qualified patient or caregiver under s. 381.986. 713 (54)Residence or resided means an individuals primary 714 residence area as established by any of the following: 715 (a)A signed lease agreement that includes the individuals 716 name. 717 (b)A property deed that includes the individuals name. 718 (c)School records. 719 (d)A voter registration card. 720 (e)A driver license from this state or a state-issued 721 identification card. 722 (f)A paycheck stub. 723 (g)A utility bill. 724 (h)Any other proof of residency or other information 725 necessary to establish residence as provided by department rule. 726 (55)Seedling means a marijuana plant that does not have 727 flowers, is less than 12 inches in height, and is less than 12 728 inches in diameter. 729 (56)Smoking means the inhalation of smoke caused by the 730 combustion of cannabis. 731 (57)Social equity applicant means an applicant who is a 732 resident of this state and meets at least one of the following 733 criteria: 734 (a)Is an applicant with at least 51 percent ownership and 735 control in the business by one or more individuals who have 736 resided for at least 5 of the preceding 10 years in a 737 disproportionately impacted area. 738 (b)Is an applicant with at least 51 percent ownership and 739 control in the business by one or more individuals who: 740 1.Have been arrested for, convicted of, or adjudicated 741 delinquent for any offense that is eligible for expungement 742 under this chapter; or 743 2.Are members of an impacted family. 744 (c)For applicants with a minimum of 10 full-time 745 employees, has at least 51 percent of current employees who: 746 1.Currently reside in a disproportionately impacted area; 747 2.Have been arrested for, convicted of, or adjudicated 748 delinquent for any offense that is eligible for expungement 749 under this chapter; or 750 3.Are members of impacted families. 751 752 This chapter does not authorize an employer to require an 753 employee to disclose sealed or expunged offenses, unless 754 otherwise required by law. 755 (58)Tincture means a cannabis-infused solution, 756 typically consisting of alcohol, glycerin, or vegetable oils, 757 derived either directly from the cannabis plant or from a 758 processed cannabis extract. The term includes a calibrated 759 dropper or other similar device capable of accurately measuring 760 servings. The term does not include an alcoholic beverage as 761 defined in s. 561.01. 762 (59)Transitional worker means a person who, at the time 763 of starting employment at the business premises, resides in a 764 zip code or census tract area with higher than average 765 unemployment, crime, or child death rates, and who faces at 766 least one of the following barriers to employment: 767 (a)Homelessness. 768 (b)Is a custodial single parent. 769 (c)Is receiving public assistance. 770 (d)Lacks a GED or high school diploma. 771 (e)Has a criminal record or other involvement with the 772 criminal justice system. 773 (f)Suffers from chronic unemployment. 774 (g)Is emancipated from the foster care system. 775 (h)Is a veteran. 776 (i)Is 65 years of age or older and financially 777 compromised. 778 (60)Transporting organization or transporter means an 779 organization or business that is licensed by the department to 780 transport cannabis on behalf of a cannabis business 781 establishment or a Florida College System institution as defined 782 in s. 1000.21 licensed under the Florida College System Cannabis 783 Vocational Training Pilot Program created by this act. 784 (61)Transporting organization agent means a principal 785 officer, board member, employee, or agent of a transporting 786 organization. 787 (62)Unit of local government means any county, city, or 788 incorporated town. 789 566.012Exemption from criminal and noncriminal penalties, 790 seizure, or forfeiture.Notwithstanding chapter 893 or any other 791 law, and except as provided in this chapter, the actions 792 authorized by this chapter are legal under the laws of this 793 state, do not constitute a civil or criminal offense under the 794 laws of this state or under the laws of any political 795 subdivision within this state, and do not serve as a basis for 796 seizure or forfeiture of assets under state law. 797 566.013Personal use of marijuana. 798 (1)A person who is 21 years of age or older may do any of 799 the following: 800 (a)Use, possess, or transport marijuana accessories and up 801 to 2.5 ounces of marijuana. 802 (b)Transfer or furnish, without remuneration, up to 2.5 803 ounces of marijuana and up to six seedlings to a person who is 804 21 years of age or older. 805 (c)Possess, grow, cultivate, process, or transport up to 806 six marijuana plants, including seedlings, and possess the 807 marijuana produced by the marijuana plants on the premises where 808 the plants were grown. 809 (d)Purchase up to 2.5 ounces of marijuana, up to six 810 seedlings, and marijuana accessories from a retail marijuana 811 store. 812 (2)Both of the following apply to the cultivation of 813 marijuana for personal use by a person who is 21 years of age or 814 older: 815 (a)A person may cultivate up to six marijuana plants, 816 including seedlings, at that persons place of residence, on 817 property owned by that person, or on another persons property 818 with permission of the owner of that property. 819 (b)A person who elects to cultivate marijuana shall take 820 reasonable precautions to ensure the plants are secure from 821 unauthorized access or access by a person younger than 21 years 822 of age. Reasonable precautions include, but are not limited to, 823 cultivating marijuana in a fully enclosed, secure outdoor area, 824 a locked closet, or a locked room, all of which must be 825 inaccessible to persons younger than 21 years of age. 826 (3)A person may smoke or ingest marijuana in a nonpublic 827 place, including, but not limited to, a private residence. 828 (a)This subsection does not allow a person to consume 829 marijuana in a manner that endangers others. 830 (b)The prohibitions and limitations on smoking tobacco 831 products in specified areas in part II of chapter 386 apply to 832 marijuana. 833 (c)A person who smokes marijuana in a public place other 834 than as the smoking of tobacco products is governed by part II 835 of chapter 386 commits a noncriminal violation subject to a 836 civil penalty of $100. 837 566.0131False identification. 838 (1)A minor may not present or offer to a marijuana 839 establishment or the marijuana establishments agent or employee 840 any written or oral evidence of age which is false, fraudulent, 841 or not actually the minors own for either of the following 842 purposes: 843 (a)Ordering, purchasing, attempting to purchase, or 844 otherwise procuring or attempting to procure marijuana. 845 (b)Gaining access to marijuana. 846 (2)(a)A minor who violates subsection (1) commits: 847 1.For a first offense, a noncriminal violation subject to 848 a civil penalty of at least $200 but not more than $400. 849 2.For a second offense, a noncriminal violation subject to 850 a civil penalty of at least $300 but not more than $600, which 851 may be waived by the court only as provided in paragraph (b). 852 3.For a third or subsequent offense, a noncriminal 853 violation subject to a civil penalty of $600, which may be 854 waived by the court only as provided in paragraph (b). 855 856 When a minor is adjudged to have committed a first offense under 857 subsection (1), the judge shall inform the minor that the 858 noncriminal penalties for second and subsequent offenses are 859 mandatory and may be waived only as provided in paragraph (b). 860 Failure to inform the minor that subsequent noncriminal 861 penalties are mandatory is not a ground for the waiver of any 862 subsequent civil penalty. 863 (b)As an alternative to or in addition to the noncriminal 864 penalties specified in paragraph (a), a judge may assign the 865 minor to perform specified work for the benefit of the state, 866 the city, or another public entity or a charitable institution 867 for no more than 40 hours per offense. 868 566.014Personal use cultivation. 869 (1)Notwithstanding any other law, and except as otherwise 870 provided in this chapter, the following acts are not a violation 871 of this chapter, are not criminal or civil offenses under state 872 law or the ordinances of any unit of local government of this 873 state, and do not serve as the basis for seizure or forfeiture 874 of assets under state law, except from persons younger than 21 875 years of age possessing cannabis in violation of this chapter: 876 (a)Possessing, consuming, using, purchasing, obtaining, or 877 transporting cannabis for personal use in an amount consistent 878 with the possession limits under s. 566.013 and as otherwise 879 provided in this chapter. 880 (b)Cultivating cannabis for personal use in accordance 881 with this chapter. 882 (c)Controlling property if actions that are authorized by 883 this chapter occur on the property in accordance with this 884 chapter. 885 (2)Notwithstanding any other law, and except as otherwise 886 provided in this chapter, possessing, consuming, using, 887 purchasing, obtaining, or transporting an amount of cannabis 888 purchased or produced in accordance with this chapter which does 889 not exceed the possession limit under s. 566.013(1) is not a 890 basis for seizure or forfeiture of assets under state law. 891 (3)Cultivating cannabis for personal use is subject to the 892 following limitations and requirements: 893 (a)A resident of this state who is 21 years of age or 894 older and is a qualified patient under s. 381.986 may cultivate 895 up to five cannabis plants that are more than 5 inches tall per 896 household without a cultivation center or craft grower license. 897 (b)Such cultivation must take place in an enclosed, locked 898 space. 899 (c)Adult qualified patients may purchase cannabis seeds 900 from a dispensary exclusively for the purpose of home 901 cultivation. Such seeds may not be given or sold to any other 902 person. 903 (d)Cannabis plants that are cultivated for personal use 904 may not be stored or placed in a location where they are subject 905 to ordinary public view. A registered qualified patient who 906 cultivates cannabis under this section shall take reasonable 907 precautions to ensure the plants are secure from unauthorized 908 access, including unauthorized access by a person younger than 909 21 years of age. 910 (4)Cannabis cultivation for personal use may occur only on 911 residential property lawfully in possession of the cultivator or 912 with the consent of the person in lawful possession of the 913 property. An owner or lessor of residential property may 914 prohibit the cultivation of cannabis by a lessee. 915 (5)A dwelling; a residence; an apartment; a condominium 916 unit; an enclosed, locked space; or a piece of property not 917 divided into multiple dwelling units may not contain more than 918 five plants at any one time. 919 (6)Cannabis plants may be tended only by a registered 920 qualified patient who resides at the residence or his or her 921 authorized agent attending to the residence for brief periods, 922 such as when the qualified patient is temporarily away from the 923 residence. 924 (7)A qualified patient who cultivates more than the 925 allowable number of cannabis plants, or who sells or gives away 926 cannabis plants, cannabis, or cannabis-infused products produced 927 under this section, is liable for penalties as provided by law, 928 in addition to loss of home cultivation privileges as 929 established by rule. 930 566.015Possession limits. 931 (1)(a)Except as otherwise authorized by this chapter, for 932 a person who is 21 years of age or older and a resident of this 933 state, the possession limit for personal use is as follows: 934 1.Thirty grams of cannabis flower. 935 2.Five hundred milligrams of tetrahydrocannabinol (THC) 936 contained in cannabis-infused product. 937 3.Five grams of cannabis concentrate. 938 (b)Registered qualified patients may possess any cannabis 939 produced by cannabis plants grown under s. 566.013(2), provided 940 that any amount of cannabis produced in excess of 30 grams of 941 raw cannabis or its equivalent must remain secured within the 942 residence or residential property in which it was grown. 943 (2)(a)For a person who is 21 years of age or older and who 944 is not a resident of this state, the possession limit is: 945 1.Fifteen grams of cannabis flower. 946 2.Two and one-half grams of cannabis concentrate. 947 3.Two hundred fifty milligrams of THC contained in a 948 cannabis-infused product. 949 (b)The possession limits specified in subparagraphs (a)1. 950 and 2. are to be considered cumulative. 951 (3)A person may not knowingly obtain, seek to obtain, or 952 possess an amount of cannabis from a dispensing organization or 953 craft grower which would cause him or her to exceed the 954 possession limit under this section, including cannabis that is 955 cultivated by a person under this chapter or obtained under s. 956 381.986. 957 566.201Duties of the division.The division shall do all 958 of the following: 959 (1)Enforce the laws and rules relating to the 960 manufacturing, processing, labeling, storing, transporting, 961 testing, and selling of marijuana by marijuana establishments 962 and administer the laws relating to licensure and the collection 963 of taxes. 964 (2)Adopt rules consistent with this chapter for the 965 administration and enforcement of laws regulating and licensing 966 marijuana establishments. 967 (3)If determined necessary by the division, enter into a 968 memorandum of understanding with the Department of Law 969 Enforcement, a county sheriff, or another state or municipal law 970 enforcement agency to perform inspections of marijuana 971 establishments. 972 (4)Issue licenses for cannabis cultivation centers, 973 cannabis testing facilities, craft growers, infuser 974 organizations, processing organizations, transporting 975 organizations, and dispensing organizations. 976 (5)Prevent the sale of marijuana by licensees to minors 977 and intoxicated persons. 978 (6)Ensure that licensees have access to this chapter and 979 other laws and rules governing marijuana in this state. 980 (7)Post on the departments publicly accessible website 981 this chapter and all rules adopted under this chapter, which 982 must be updated before the effective date on any changes to the 983 law or department rule. Within 90 days after adjournment of each 984 session of the Legislature, the division shall notify all 985 licensees of changes in the law and potential changes in rules 986 through a publicly accessible website posting. 987 (8)Certify monthly to the Chief Financial Officer a 988 complete statement of revenues and expenses for licenses issued 989 and for revenues collected by the division and submit an annual 990 report that includes a complete statement of the divisions 991 revenues and expenses to the Governor, the President of the 992 Senate, and the Speaker of the House of Representatives. 993 (9)Suspend or revoke the license of a licensee in 994 accordance with rules adopted by the division. The division must 995 allow a licensee whose license is suspended or revoked pursuant 996 to this subsection to: 997 (a)Continue to possess marijuana during the time its 998 license is suspended, but not dispense, transfer, or sell 999 marijuana. If the licensee is a cannabis cultivation facility, 1000 it may continue to cultivate marijuana plants during the time 1001 its license is suspended. However, marijuana may not be removed 1002 from the licensed premises except as authorized by the division 1003 and only for the purpose of destruction. 1004 (b)Possess marijuana for up to 7 days after revocation of 1005 its license, during which time the marijuana establishment shall 1006 dispose of its inventory of marijuana in accordance with 1007 division rules. 1008 (10)Beginning January 15, 2024, and each January 15 1009 thereafter, report to the committees having jurisdiction over 1010 marijuana regulation in each house of the Legislature. The 1011 report must include, but need not be limited to, rules adopted 1012 by the division and statistics regarding the number of 1013 applications received and licenses granted under this chapter 1014 and the licensing fees collected within the previous calendar 1015 year. 1016 566.2015Cannabis Equity Program. 1017 (1)By October 1, 2022, the division shall create a 1018 cannabis equity program. 1019 (2)The department shall provide technical assistance to 1020 equity applicants or equity licensees under the program, which 1021 must include training and educational sessions regarding the 1022 states cannabis licensing processes and related requirements. 1023 When determining whether to provide technical assistance, the 1024 department shall make individual determinations based on the 1025 reasonableness of the request and available resources. 1026 (3)An eligible applicant or licensee may also submit an 1027 application to the division for an assistance grant from the 1028 Florida Marijuana Equity Fund, in the form and manner prescribed 1029 by the division. 1030 (4)The division shall base its decision regarding approval 1031 of an application on the following factors: 1032 (a)The number of existing and potential cannabis equity 1033 applicants and cannabis equity licensees in this state. 1034 (b)Any additional criteria the division deems relevant and 1035 reasonable. 1036 (5)If applications for funding are greater than the amount 1037 collected for the grant program, the division shall prorate the 1038 funding as necessary. 1039 (6)An eligible applicant or licensee that receives a grant 1040 pursuant to this section shall use the funds to gain entry to, 1041 and to successfully operate in, this states regulated cannabis 1042 industry. An eligible applicant or licensee that receives a 1043 grant pursuant to this section shall keep a record of grant 1044 funds that are expended and, on or before January 1 of the year 1045 following receipt of the grant and annually thereafter, shall 1046 submit an annual report to the division which includes how the 1047 applicant or licensee used grant funds. 1048 (7)An eligible applicant or licensee that receives a grant 1049 pursuant to this section may not use more than 25 percent of the 1050 state grant for administration, including for the employment of 1051 staff or the hiring of consultants. 1052 (8)To facilitate greater equity in business ownership and 1053 employment in the cannabis industry, the division shall do both 1054 of the following: 1055 (a)Serve as a point of contact for cannabis equity program 1056 grant applicants. 1057 (b)On or before December 1, 2022, publish on its website 1058 approval guidelines for grant applicants. 1059 566.2016Fee deferrals and waivers; loan program. 1060 (1)On or before December 1, 2022, the division shall 1061 develop and implement a program to defer or waive application 1062 fees, licensing fees, renewal fees, or other required fees for 1063 needs-based applicants and licensees. 1064 (a)At least 60 percent of the total dollar amount of 1065 deferrals of fees under the program must be designated for the 1066 deferral of fees for cannabis equity applicants and licensees. 1067 (b)At least 60 percent of the total dollar amount of 1068 waivers of fees under the program must be designated for the 1069 waiver of fees for cannabis equity applicants and licensees. 1070 (2)On or before December 1, 2022, the division and the 1071 Department of Economic Opportunity shall create a low-interest 1072 loan program for cannabis equity applicants to be administered 1073 by the cannabis equity program. The division shall determine the 1074 amount required to fund the loan program based on community 1075 need. 1076 566.2017Equity applicant or licensee microbusinesses. 1077 (1)Any cannabis equity applicant or licensee that operates 1078 a microbusiness: 1079 (a)May use educational programs provided by the division 1080 as experience points for its application. 1081 (b)Is exempt from cannabis-specific experience and may use 1082 experience from other regulated industries to satisfy experience 1083 requirements for its application. 1084 (c)Is not required to have Florida resident ownership of 1085 more than 7 percent. 1086 (d)May submit cap increase requests at any time for 1087 approval by the division and work with the Department of 1088 Economic Opportunity to determine the appropriate capital range 1089 for the microbusiness licenses based on conditions of the market 1090 in which the microbusiness operates. 1091 (e)May sell or transfer the license 3 years or later after 1092 the business starts operating. 1093 (2)The division shall create a program that assists 1094 microbusinesses and craft growers transition to licensure as 1095 cultivation centers. 1096 566.202Early approval adult use dispensing organization 1097 license. 1098 (1)Any medical marijuana dispensary holding a valid 1099 registration under s. 381.986 as of July 1, 2022, may, before 1100 September 1, 2022, apply to the department pursuant to this 1101 section for an early approval adult use dispensing organization 1102 license to serve purchasers at any medical marijuana dispensary 1103 location in operation on July 1, 2022. 1104 (2)A medical marijuana dispensary seeking early approval 1105 licensure as a dispensing organization to serve purchasers at 1106 any medical marijuana dispensary location in operation as of 1107 July 1, 2022, shall submit an application on forms provided by 1108 the department. The application must be submitted by the same 1109 person or entity that holds the medical marijuana dispensary 1110 registration and include all of the following: 1111 (a)Payment of a nonrefundable fee as provided in s. 1112 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 1113 and Tobacco Trust Fund. 1114 (b)Proof of registration as a medical marijuana dispensary 1115 that is in good standing. 1116 (c)Certification that the applicant will comply with the 1117 requirements contained in s. 381.986 except as provided in this 1118 chapter. 1119 (d)The legal name of the dispensing organization. 1120 (e)The physical address of the dispensing organization. 1121 (f)The name, address, social security number, and date of 1122 birth of each principal officer and board member of the 1123 dispensing organization, each of whom must be at least 21 years 1124 of age. 1125 (g)A nonrefundable cannabis business development fee as 1126 provided in s. 566.801 to be deposited with the department to be 1127 used to encourage development of businesses of social equity 1128 applicants. 1129 (h)Identification of one of the following social equity 1130 inclusion plans to be completed by March 31, 2024: 1131 1.Make a contribution as provided in s. 566.804 to the 1132 department to be used to encourage development of businesses of 1133 social equity applicants. This is in addition to the fee 1134 required by paragraph (g); 1135 2.Make a contribution as provided in s. 566.804 to a 1136 cannabis industry training or education program at a Florida 1137 College System institution as defined in s. 1000.21; 1138 3.Make a donation as provided in s. 566.804 or more to a 1139 program that provides job training services to persons recently 1140 incarcerated or that operates in a disproportionately impacted 1141 area; 1142 4.Participate as a host in a cannabis business 1143 establishment incubator program approved by the Department of 1144 Economic Opportunity, and in which an early approval adult use 1145 dispensing organization licensee agrees to provide a loan of at 1146 least $100,000 and mentorship to incubate a licensee that 1147 qualifies as a social equity applicant for at least a year. As 1148 used in this subparagraph, the term incubate means providing 1149 direct financial assistance and training necessary to engage in 1150 licensed cannabis industry activity similar to that of the host 1151 licensee. The early approval adult use dispensing organization 1152 licensee or the same entity holding any other licenses issued 1153 pursuant to this chapter may not take an ownership stake of 1154 greater than 10 percent in any business receiving incubation 1155 services to comply with this paragraph. If an early approval 1156 adult use dispensing organization licensee fails to find a 1157 business to incubate to comply with this paragraph before its 1158 early approval adult use dispensing organization license 1159 expires, it may opt to meet the requirement of this paragraph by 1160 completing another item from this paragraph; or 1161 5.Participate in a sponsorship program for at least 2 1162 years approved by the Department of Economic Opportunity in 1163 which an early approval adult use dispensing organization 1164 licensee agrees to provide an interest-free loan of at least 1165 $200,000 to a social equity applicant. The sponsor may not take 1166 an ownership stake in any cannabis business establishment 1167 receiving sponsorship services to comply with this paragraph. 1168 (3)The license fee required by paragraph (2)(a) shall be 1169 in addition to any license fee required for the renewal of a 1170 registered medical marijuana dispensary license. 1171 (4)Applicants must submit all required information, 1172 including the requirements in subsection (2), to the department. 1173 Failure by an applicant to submit all required information may 1174 result in the application being disqualified. 1175 (5)If the department receives an application that fails to 1176 provide the required elements contained in subsection (2), the 1177 department shall issue a deficiency notice to the applicant. The 1178 applicant shall have 10 calendar days after the date of the 1179 deficiency notice to submit complete information. Applications 1180 that are still incomplete after this opportunity to cure may be 1181 disqualified. 1182 (6)If an applicant meets all the requirements of 1183 subsection (2), the department shall issue the early approval 1184 adult use dispensing organization license within 14 days after 1185 receiving a completed application unless: 1186 (a)The licensee or a principal officer is delinquent in 1187 filing any required tax returns or paying any amounts owed to 1188 the state; 1189 (b)The department determines there is reason to conclude, 1190 based on documented compliance violations, the licensee is not 1191 entitled to an early approval adult use dispensing organization 1192 license; or 1193 (c)Any principal officer fails to register and remain in 1194 compliance with this chapter or s. 381.986. 1195 (7)A medical marijuana treatment center that obtains an 1196 early approval adult use dispensing organization license may 1197 begin selling cannabis, cannabis-infused products, 1198 paraphernalia, and related items to purchasers under the rules 1199 of this chapter on or after January 1, 2023. 1200 (8)A medical marijuana treatment center under s. 381.986 1201 must maintain an adequate supply of cannabis and cannabis 1202 infused products for purchase by qualified patients. For the 1203 purposes of this subsection, adequate supply means a monthly 1204 inventory level that is comparable in type and quantity to those 1205 medical cannabis products provided to patients and caregivers on 1206 an average monthly basis for the 6 months before July 1, 2022. 1207 (9)If there is a shortage of cannabis or cannabis-infused 1208 products, a medical marijuana treatment center holding both a 1209 medical marijuana treatment center license and a license under 1210 this chapter shall prioritize serving qualified patients and 1211 caregivers before serving purchasers. 1212 (10)Notwithstanding any law or rule to the contrary, a 1213 medical marijuana treatment center licensed under s. 381.986 1214 which is also an early approval adult use dispensing 1215 organization licensee may allow purchasers into a limited access 1216 area as that term is defined in rules adopted pursuant to s. 1217 381.986. 1218 (11)An early approval adult use dispensing organization 1219 license is valid until March 31, 2024. For a medical marijuana 1220 treatment center that obtains an early approval adult use 1221 dispensing organization license, the department shall provide 1222 written or electronic notice 90 days before the expiration of 1223 the license that the license will expire and inform the licensee 1224 that it may renew its early approval adult use dispensing 1225 organization license. The department shall renew the early 1226 approval adult use dispensing organization license within 60 1227 days after it deems the renewal application complete if: 1228 (a)The medical marijuana treatment center submits an 1229 application and the required nonrefundable renewal fee, as 1230 provided in s. 566.801, to be deposited into the Alcoholic 1231 Beverage, Marijuana, and Tobacco Trust Fund. 1232 (b)The department has not suspended or revoked the early 1233 approval adult use dispensing organization license or a medical 1234 marijuana treatment center license on the same premises for 1235 violations of this chapter or s. 381.986 or rules adopted 1236 pursuant thereto. 1237 (c)The medical marijuana treatment center has completed a 1238 social equity inclusion plan as required by paragraph (2)(h). 1239 (12)The early approval adult use dispensing organization 1240 license renewed pursuant to subsection (11) shall expire March 1241 31, 2025. For early approval adult use dispensing organization 1242 licensees, the department shall provide written or electronic 1243 notice 90 days before the expiration of the license that the 1244 license will expire and inform the licensee that it may apply 1245 for an adult use dispensing organization license. The department 1246 shall grant an adult use dispensing organization license within 1247 60 days after it deems an application complete if the applicant 1248 has met all of the criteria in s. 566.2032. 1249 (13)If a dispensary fails to submit an application for an 1250 adult use dispensing organization license before the expiration 1251 of the early approval adult use dispensing organization license 1252 pursuant to subsection (11), the medical marijuana treatment 1253 center shall cease serving purchasers and cease all operations 1254 until it receives an adult use dispensing organization license. 1255 (14)A medical marijuana treatment center agent who holds a 1256 valid medical marijuana treatment center agent identification 1257 card issued under s. 381.986 and is an officer, director, 1258 manager, or employee of the medical marijuana treatment center 1259 licensed under this section may engage in all activities 1260 authorized by this chapter to be performed by a medical 1261 marijuana treatment center agent. 1262 (15)(a)If the department suspends or revokes the early 1263 approval adult use dispensing organization license of a 1264 dispensing organization that is also a medical marijuana 1265 treatment center licensed under s. 381.986, the department may 1266 consider the suspension or revocation as grounds to take 1267 disciplinary action against the medical marijuana treatment 1268 center license. 1269 (b)If, within 360 days after July 1, 2022, a dispensing 1270 organization is unable to find a location within the BLS regions 1271 prescribed in which to operate an early approval adult use 1272 dispensing organization at a secondary site because no 1273 jurisdiction within the prescribed area allows the operation of 1274 an adult use dispensing organization, the department may waive 1275 the geographic restrictions and specify another BLS region in 1276 which the dispensary may be placed. 1277 (c)A medical marijuana treatment center licensed under s. 1278 381.986 as of July 1, 2022, may, before September 1, 2022, apply 1279 to the department for an early approval adult use dispensing 1280 organization license to operate a dispensing organization to 1281 serve purchasers at a secondary site not within 1,500 feet of 1282 another medical marijuana treatment center. 1283 (d)A medical marijuana treatment center licensed under s. 1284 381.986 seeking issuance of an early approval adult use 1285 dispensing organization license at a secondary site to serve 1286 purchasers at a secondary site as prescribed in this section 1287 must submit an application on forms provided by the department. 1288 The application must meet or include the following 1289 qualifications: 1290 1.Payment of a nonrefundable application fee as provided 1291 in s. 566.801. 1292 2.Proof of registration as a medical marijuana treatment 1293 center licensed under s. 381.986 that is in good standing. 1294 3.Submission of the application by the same person or 1295 entity that holds the medical marijuana treatment center 1296 license. 1297 4.The legal name of the medical marijuana treatment 1298 center. 1299 5.The physical address of the medical marijuana treatment 1300 center and the proposed physical address of the secondary site. 1301 6.A copy of the current local zoning ordinance sections 1302 relevant to dispensary operations and documentation of the 1303 approval, the conditional approval, or the status of a request 1304 for zoning approval from the local zoning office that the 1305 proposed dispensary location is in compliance with the local 1306 zoning rules. 1307 7.A plot plan of the dispensary drawn to scale. The 1308 applicant shall submit general specifications of the building 1309 exterior and interior layout. 1310 8.A statement that the dispensing organization agrees to 1311 respond to the departments supplemental requests for 1312 information. 1313 9.For the building or land to be used as the proposed 1314 dispensary: 1315 a.If the property is not owned by the applicant, a written 1316 statement from the property owner and landlord, if any, 1317 certifying consent that the applicant may operate a dispensary 1318 on the premises; or 1319 b.If the property is owned by the applicant, confirmation 1320 of ownership. 1321 10.A copy of the proposed operating bylaws. 1322 11.A copy of the proposed business plan that complies with 1323 the requirements in this chapter, including, at a minimum, the 1324 following: 1325 a.A description of services to be offered. 1326 b.A description of the process of dispensing cannabis. 1327 12.A copy of the proposed security plan that complies with 1328 the requirements in this chapter, including: 1329 a.A description of the delivery process by which cannabis 1330 will be received from a transporting organization, including 1331 receipt of manifests and protocols that will be used to avoid 1332 diversion, theft, or loss at the dispensary acceptance point. 1333 b.The process or controls that will be implemented to 1334 monitor the dispensary; secure the premises, agents, patients, 1335 and currency; and prevent the diversion, theft, or loss of 1336 cannabis. 1337 c.The process to ensure that access to the restricted 1338 access areas is restricted to registered agents, service 1339 professionals, transporting organization agents, department 1340 inspectors, and security personnel. 1341 13.A proposed inventory control plan that complies with 1342 this section. 1343 14.The name, address, social security number, and date of 1344 birth of each principal officer and board member of the 1345 dispensing organization, each of whom must be at least 21 years 1346 of age. 1347 15.A nonrefundable cannabis business development fee as 1348 provided in s. 566.804, to be paid to the department to be used 1349 to encourage development of businesses of social equity 1350 applicants. 1351 16.A commitment to completing one of the social equity 1352 inclusion plans in paragraph (e). 1353 (e)Before receiving an early approval adult use dispensing 1354 organization license at a secondary site, a dispensing 1355 organization shall indicate from the following list which social 1356 equity inclusion plan the applicant plans to complete before the 1357 expiration of the early approval adult use dispensing 1358 organization license: 1359 1.Make a contribution of 3 percent of total sales from 1360 June 1, 2018, to June 1, 2019, or $100,000, whichever is less, 1361 to the department to be used to encourage development of 1362 businesses of social equity applicants. This is in addition to 1363 the fee required by subparagraph (d)15.; 1364 2.Make a grant of 3 percent of total sales from June 1, 1365 2018, to June 1, 2019, or $100,000, whichever is less, to a 1366 cannabis industry training or education program at a Florida 1367 College System institution as defined in s. 1000.21; 1368 3.Make a donation of $100,000 or more to a program that 1369 provides job training services to persons recently incarcerated 1370 or that operates in a disproportionately impacted area; 1371 4.Participate as a host in a cannabis business 1372 establishment incubator program approved by the Department of 1373 Economic Opportunity, and in which an early approval adult use 1374 dispensing organization license at a secondary site holder 1375 agrees to provide a loan of at least $100,000 and mentorship to 1376 incubate a licensee that qualifies as a social equity applicant 1377 for at least 1 year. As used in this subparagraph, the term 1378 incubate means providing direct financial assistance and 1379 training necessary to engage in licensed cannabis industry 1380 activity similar to that of the host licensee. The early 1381 approval adult use dispensing organization licensee or the same 1382 entity holding any other licenses issued under this chapter may 1383 not take an ownership stake of greater than 10 percent in any 1384 business receiving incubation services to comply with this 1385 paragraph. If an early approval adult use dispensing 1386 organization license at a secondary site holder fails to find a 1387 business to incubate in order to comply with this paragraph 1388 before its early approval adult use dispensing organization 1389 license at a secondary site expires, it may opt to meet the 1390 requirement of this paragraph by completing another item from 1391 this paragraph before the expiration of its early approval adult 1392 use dispensing organization license at a secondary site to avoid 1393 a penalty; or 1394 5.Participate for at least 2 years in a sponsorship 1395 program approved by the Department of Economic Opportunity in 1396 which an early approval adult use dispensing organization 1397 license at a secondary site holder agrees to provide an 1398 interest-free loan of at least $200,000 to a social equity 1399 applicant. The sponsor may not take an ownership stake of 1400 greater than 10 percent in any business receiving sponsorship 1401 services to comply with this paragraph. 1402 (f)The license fee required by subparagraph (d)1. is in 1403 addition to any license fee required for the renewal of a 1404 medical marijuana treatment center license. 1405 (g)Applicants must submit all required information, 1406 including the requirements in paragraph (d), to the department. 1407 Failure by an applicant to submit all required information may 1408 result in the application being disqualified. 1409 (h)If the department receives an application that fails to 1410 provide the required elements contained in paragraph (d), the 1411 department shall issue a deficiency notice to the applicant. The 1412 applicant shall have 10 calendar days after the date of the 1413 deficiency notice to submit complete information. Applications 1414 that are still incomplete after this opportunity to cure may be 1415 disqualified. 1416 (i)Once all required information and documents have been 1417 submitted, the department shall review the application. The 1418 department may request revisions and retains authority for final 1419 approval over dispensary features. Once the application is 1420 complete and meets the departments approval, the department 1421 shall conditionally approve the license. Final approval is 1422 contingent on the buildout and department inspection. 1423 (j)Upon submission of the early approval adult use 1424 dispensing organization at a secondary site application, the 1425 applicant shall request an inspection and the department may 1426 inspect the early approval adult use dispensing organizations 1427 secondary site to confirm compliance with the application and 1428 this chapter. 1429 (k)The department may issue an early approval adult use 1430 dispensing organization license at a secondary site only after 1431 the completion of a successful inspection. 1432 (l)If an applicant passes the inspection under this 1433 subsection, the department shall issue the early approval adult 1434 use dispensing organization license at a secondary site within 1435 10 business days unless: 1436 1.The licensee; a principal officer, board member, or 1437 person having a financial or voting interest of 5 percent or 1438 greater in the licensee; or an agent is delinquent in filing any 1439 required tax returns or paying any amounts owed to the state; or 1440 2.The department determines there is reason to conclude, 1441 based on documented compliance violations, that the licensee is 1442 not entitled to an early approval adult use dispensing 1443 organization license at its secondary site. 1444 (m)Once the department has issued a license, the 1445 dispensing organization shall notify the department of the 1446 proposed opening date. 1447 (n)A medical marijuana treatment center that obtains an 1448 early approval adult use dispensing organization license at a 1449 secondary site may begin selling cannabis, cannabis-infused 1450 products, paraphernalia, and related items to purchasers under 1451 the rules of this chapter on or after January 1, 2023. 1452 (o)If there is a shortage of cannabis or cannabis-infused 1453 products, a dispensing organization that is a medical marijuana 1454 treatment center under s. 381.986 and is licensed under this 1455 section shall prioritize serving qualified patients and 1456 caregivers before serving purchasers. 1457 (p)An early approval adult use dispensing organization 1458 license at a secondary site is valid until March 31, 2024. For a 1459 medical marijuana treatment center that obtains an early 1460 approval adult use dispensing organization license at a 1461 secondary site, the department shall provide written or 1462 electronic notice 90 days before the expiration of the license 1463 that the license will expire and inform the licensee that it may 1464 renew its early approval adult use dispensing organization 1465 license at a secondary site. The department shall renew an early 1466 approval adult use dispensing organization license at a 1467 secondary site within 60 days after it deems the renewal 1468 application complete if: 1469 1.The dispensing organization submits an application and 1470 the required nonrefundable renewal fee as provided in s. 1471 566.801, to be deposited into the Alcoholic Beverage, Marijuana, 1472 and Tobacco Trust Fund; 1473 2.The persons or entitys early approval adult use 1474 dispensing organization license or a medical marijuana treatment 1475 center license has not been suspended or revoked for violation 1476 of applicable statutes or rules; and 1477 3.The dispensing organization has completed a social 1478 equity inclusion plan as required by this section. 1479 (q)For an early approval adult use dispensing organization 1480 license at a secondary site renewed pursuant to paragraph (p), 1481 the department shall provide written or electronic notice 90 1482 days before the expiration of the license that the license will 1483 expire and inform the licensee that it may apply for an adult 1484 use dispensing organization license. The department shall grant 1485 an adult use dispensing organization license within 60 days 1486 after it deems an application complete if the applicant has met 1487 all of the criteria for such a license. 1488 (r)If a dispensing organization fails to submit an 1489 application for renewal of an early approval adult use 1490 dispensing organization license or for an adult use dispensing 1491 organization license before the expiration dates provided in 1492 paragraphs (p) and (q), the dispensing organization shall cease 1493 serving purchasers until it receives a renewal or an adult use 1494 dispensing organization license. 1495 (s)A medical marijuana treatment center agent who holds a 1496 valid medical marijuana treatment center agent identification 1497 card issued under s. 381.986 and is an officer, director, 1498 manager, or employee of the medical marijuana treatment center 1499 licensed under this section may engage in all activities 1500 authorized by this chapter to be performed by a medical 1501 marijuana treatment center agent. 1502 (t)If the department suspends or revokes the early 1503 approval adult use dispensing organization license of a 1504 dispensing organization that also holds a medical marijuana 1505 treatment center license, the Department of Health may consider 1506 the suspension or revocation as grounds to take disciplinary 1507 action against the medical marijuana treatment center. 1508 (u)All fees or fines collected from an early approval 1509 adult use dispensing organization license at a secondary site 1510 holder as a result of a disciplinary action in the enforcement 1511 of this chapter shall be deposited into the Alcoholic Beverage, 1512 Marijuana, and Tobacco Trust Fund and be appropriated to the 1513 department for the ordinary and contingent expenses of the 1514 department in the administration and enforcement of this 1515 section. 1516 (16)All fees collected pursuant to this section shall be 1517 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 1518 Trust Fund, unless otherwise specified. 1519 566.203Awarding of conditional adult use dispensing 1520 organization licenses. 1521 (1)The department shall issue up to 75 conditional adult 1522 use dispensing organization licenses before May 1, 2023. 1523 (2)The department shall make the application for a 1524 conditional adult use dispensing organization license available 1525 no later than October 1, 2022, and shall accept applications no 1526 later than January 1, 2023. 1527 (3)To ensure the geographic dispersion of conditional 1528 adult use dispensing organization licensees, the number of 1529 licenses shall be awarded in each BLS region as determined by 1530 each regions percentage of the states population. 1531 (4)An applicant seeking issuance of a conditional adult 1532 use dispensing organization license shall submit an application 1533 on forms provided by the department. An applicant must meet the 1534 following requirements: 1535 (a)Payment of a nonrefundable application fee as provided 1536 in s. 566.801 for each license for which the applicant is 1537 applying, which shall be deposited into the Alcoholic Beverage, 1538 Marijuana, and Tobacco Trust Fund. 1539 (b)Certification that the applicant will comply with the 1540 requirements of this chapter. 1541 (c)The legal name of the proposed dispensing organization. 1542 (d)A statement that the dispensing organization agrees to 1543 respond to the departments supplemental requests for 1544 information. 1545 (e)From each principal officer, a statement indicating 1546 whether that person: 1547 1.Has previously held or currently holds an ownership 1548 interest in a cannabis business establishment in this state; or 1549 2.Has held an ownership interest in a dispensing 1550 organization or its equivalent in another state or territory of 1551 the United States that had the dispensing organization 1552 registration or license suspended, revoked, placed on 1553 probationary status, or subjected to other disciplinary action. 1554 (f)Disclosure of whether any principal officer has ever 1555 filed for bankruptcy or defaulted on a spousal support or child 1556 support obligation. 1557 (g)A resume for each principal officer, including whether 1558 that person has an academic degree, certification, or relevant 1559 experience with a cannabis business establishment or in a 1560 related industry. 1561 (h)A description of the training and education that will 1562 be provided to dispensing organization agents. 1563 (i)A copy of the proposed operating bylaws. 1564 (j)A copy of the proposed business plan that complies with 1565 the requirements in this chapter, including, at a minimum, the 1566 following: 1567 1.A description of services to be offered. 1568 2.A description of the process of dispensing cannabis. 1569 (k)A copy of the proposed security plan that complies with 1570 the requirements in this chapter, including: 1571 1.The process or controls that will be implemented to 1572 monitor the dispensary, secure the premises, agents, and 1573 currency, and prevent the diversion, theft, or loss of cannabis. 1574 2.The process to ensure that access to the restricted 1575 access areas is restricted to registered agents, service 1576 professionals, transporting organization agents, department 1577 inspectors, and security personnel. 1578 (l)A proposed inventory control plan that complies with 1579 this section. 1580 (m)A proposed floor plan, a square footage estimate, and a 1581 description of proposed security devices, including, without 1582 limitation, cameras, motion detectors, servers, video storage 1583 capabilities, and alarm service providers. 1584 (n)The name, address, social security number, and date of 1585 birth of each principal officer and board member of the 1586 dispensing organization, each of whom must be at least 21 years 1587 of age. 1588 (o)Evidence of the applicants status as a social equity 1589 applicant, if applicable, and whether such applicant plans to 1590 apply for a loan or grant issued by the Department of Economic 1591 Opportunity. 1592 (p)The address, telephone number, and e-mail address of 1593 the applicants principal place of business, if applicable. A 1594 post office box may not be used for purposes of this paragraph. 1595 (q)Written summaries of any information regarding 1596 instances in which a business or nonprofit organization that a 1597 prospective board member previously managed or served on was 1598 fined or censured or had its registration suspended or revoked 1599 in any administrative or judicial proceeding. 1600 (r)A plan for community engagement. 1601 (s)Procedures to ensure accurate recordkeeping and 1602 security measures that are in accordance with this chapter and 1603 department rules. 1604 (t)The estimated volume of cannabis it plans to store at 1605 the dispensary. 1606 (u)A description of the features that will provide 1607 accessibility to purchasers as required by the Americans with 1608 Disabilities Act. 1609 (v)A detailed description of air treatment systems that 1610 will be installed to reduce odors. 1611 (w)A reasonable assurance that the issuance of a license 1612 will not have a detrimental impact on the community in which the 1613 applicant wishes to locate. 1614 (x)The dated signature of each principal officer. 1615 (y)A description of the enclosed, locked facility where 1616 cannabis will be stored by the dispensing organization. 1617 (z)Signed statements from each dispensing organization 1618 agent stating that he or she will not divert cannabis. 1619 (aa)The number of licenses it is applying for in each BLS 1620 region. 1621 (bb)A diversity plan that includes a narrative of at least 1622 2,500 words that establishes a goal of diversity in ownership, 1623 management, employment, and contracting to ensure that diverse 1624 participants and groups are afforded equal opportunities. 1625 (cc)A contract with a private security contractor that is 1626 licensed under part III of chapter 493 in order for the 1627 dispensary to have adequate security at its facility. 1628 (5)An applicant who receives a conditional adult use 1629 dispensing organization license under this section has 180 days 1630 after the date of award to identify a physical location for the 1631 dispensing organization retail storefront. Before a conditional 1632 licensee receives an authorization to build out the dispensing 1633 organization from the department, the department shall inspect 1634 the physical space selected by the conditional licensee. The 1635 department shall verify the site is suitable for product 1636 handling, storage, and public access; the layout promotes the 1637 safe dispensing of cannabis; and the location is sufficient in 1638 size, power allocation, lighting, parking, handicapped 1639 accessible parking spaces, and accessible entry and exits as 1640 required by the Americans with Disabilities Act. The applicant 1641 shall also provide a statement of reasonable assurance that the 1642 issuance of a license will not have a detrimental impact on the 1643 community. The applicant shall also provide evidence that the 1644 location is not within 1,500 feet of an existing dispensing 1645 organization. If an applicant is unable to find a physical 1646 location suitable to the department within 180 days after the 1647 issuance of the conditional adult use dispensing organization 1648 license, the department may extend the period for finding a 1649 physical location for an additional 180 days if the conditional 1650 adult use dispensing organization licensee demonstrates concrete 1651 attempts to secure a location and a hardship. If the department 1652 denies the extension or the conditional adult use dispensing 1653 organization licensee is unable to find a location or become 1654 operational within 360 days after being awarded a conditional 1655 license, the department shall rescind the conditional license 1656 and award it to the next highest scoring applicant in the BLS 1657 region for which the license was assigned, provided the 1658 applicant receiving the license: 1659 (a)Confirms a continued interest in operating a dispensing 1660 organization. 1661 (b)Can provide evidence that the applicant continues to 1662 meet the financial requirements of this section. 1663 (c)Has not otherwise become ineligible to be awarded a 1664 dispensing organization license. If the new awardee is unable to 1665 accept the conditional adult use dispensing organization 1666 license, the department shall award the conditional adult use 1667 dispensing organization license to the next highest scoring 1668 applicant in the same manner. The new awardee shall be subject 1669 to the same required deadlines as provided in this subsection. 1670 (6)If within 180 days after being awarded a conditional 1671 adult use dispensing organization license, a dispensing 1672 organization is unable to find a location within the BLS region 1673 in which it was awarded a conditional adult use dispensing 1674 organization license because no jurisdiction within the BLS 1675 region allows for the operation of an adult use dispensing 1676 organization, the department may authorize the conditional adult 1677 use dispensing organization licensee to transfer its license to 1678 a different BLS region specified by the department. 1679 (7)A dispensing organization that is awarded a conditional 1680 adult use dispensing organization license pursuant to the 1681 criteria in s. 566.202 may not purchase, possess, sell, or 1682 dispense cannabis or cannabis-infused products until the person 1683 has received an adult use dispensing organization license issued 1684 by the department pursuant to s. 566.2032. The department may 1685 not issue an adult use dispensing organization license until: 1686 (a)The department has inspected the dispensary site and 1687 proposed operations and verified that they are in compliance 1688 with this chapter and local zoning laws. 1689 (b)The conditional adult use dispensing organization 1690 licensee has paid a registration fee as provided in s. 566.801, 1691 or a prorated amount accounting for the difference of time 1692 between when the adult use dispensing organization license is 1693 issued and March 31 of the next even-numbered year. 1694 (8)The department shall conduct a background check of the 1695 prospective organization agents in order to carry out its duties 1696 under this chapter. The Department of Law Enforcement may charge 1697 a fee as provided in s. 943.053. Each person applying as a 1698 dispensing organization agent shall submit a full set of 1699 fingerprints to the Department of Law Enforcement for the 1700 purpose of obtaining a state and federal criminal records check. 1701 These fingerprints shall be checked against the fingerprint 1702 records now and hereafter, to the extent allowed by law, filed 1703 in the Department of Law Enforcement criminal history records 1704 databases. The Department of Law Enforcement shall furnish, 1705 following positive identification, all of this states 1706 conviction information to the department. 1707 (9)Applicants for a conditional adult use dispensing 1708 organization license must submit all required information, 1709 including the information required in s. 566.203, to the 1710 department. Failure by an applicant to submit all required 1711 information may result in the application being disqualified. 1712 (10)If the department receives an application that fails 1713 to provide the required elements contained in this section, the 1714 department shall issue a deficiency notice to the applicant. The 1715 applicant shall have 10 calendar days after the date of the 1716 deficiency notice to resubmit the incomplete information. 1717 Applications that are still incomplete after this opportunity to 1718 cure will not be scored and will be disqualified. 1719 (11)The department shall award up to 250 points to 1720 complete applications based on the sufficiency of the 1721 applicants responses to required information. Applicants will 1722 be awarded points based on a determination that the application 1723 satisfactorily includes the following elements: 1724 (a)Suitability of employee training plan (15 points).The 1725 plan includes an employee training plan that demonstrates that 1726 employees will understand the laws and rules to be followed by 1727 dispensary employees, have knowledge of any security measures 1728 and operating procedures of the dispensary, and are able to 1729 advise purchasers on how to safely consume cannabis and use 1730 individual products offered by the dispensary. 1731 (b)Security and recordkeeping (65 points). 1732 1.The security plan accounts for the prevention of the 1733 theft or diversion of cannabis. The security plan demonstrates 1734 safety procedures for dispensary agents and purchasers, and for 1735 safe delivery and storage of cannabis and currency. It 1736 demonstrates compliance with all security requirements in this 1737 section and rules adopted hereto. 1738 2.The security plan includes a plan for recordkeeping, 1739 tracking, and monitoring inventory, quality control, and other 1740 policies and procedures that will promote standard recordkeeping 1741 and discourage unlawful activity. This plan includes the 1742 applicants strategy to communicate with the department and the 1743 Department of Law Enforcement on the destruction and disposal of 1744 cannabis. The plan must also demonstrate compliance with this 1745 chapter and rules adopted pursuant thereto. 1746 3.The security plan shall also detail which private 1747 security contractor licensed under part III of chapter 493 the 1748 dispensary will contract with in order to provide adequate 1749 security at its facility. 1750 (c)Applicants business plan, financials, operating and 1751 floor plan (65 points). 1752 1.The business plan shall describe, at a minimum, how the 1753 dispensing organization will be managed on a long-term basis. 1754 This shall include a description of the dispensing 1755 organizations point-of-sale system, purchases and denials of 1756 sale, confidentiality, and products and services to be offered. 1757 It will demonstrate compliance with this chapter and rules 1758 adopted pursuant thereto. 1759 2.The operating plan shall include, at a minimum, best 1760 practices for day-to-day dispensary operation and staffing. The 1761 operating plan may also include information about employment 1762 practices, including information about the percentage of full 1763 time employees who will be provided a living wage. 1764 3.The proposed floor plan must be suitable for public 1765 access and the layout must promote safe dispensing of cannabis, 1766 must comply with the Americans with Disabilities Act, and must 1767 facilitate safe product handling and storage. 1768 (d)Knowledge and experience (30 points). 1769 1.The applicants principal officers must demonstrate 1770 experience and qualifications in business management or 1771 experience with the cannabis industry. This includes ensuring 1772 optimal safety and accuracy in the dispensing and sale of 1773 cannabis. 1774 2.The applicants principal officers must demonstrate 1775 knowledge of various cannabis product strains or varieties and 1776 describe the types and quantities of products planned to be 1777 sold. This includes confirmation of whether the dispensing 1778 organization plans to sell cannabis paraphernalia or edibles. 1779 3.Knowledge and experience may be demonstrated through 1780 experience in other comparable industries which reflect on the 1781 applicants ability to operate a cannabis business 1782 establishment. 1783 (e)Status as a social equity applicant (50 points).The 1784 applicant meets the qualifications for a social equity applicant 1785 as set forth in this chapter. 1786 (f)Labor and employment practices (5 points).The 1787 applicant may describe plans to provide a safe, healthy, and 1788 economically beneficial working environment for its agents, 1789 including, but not limited to, codes of conduct, health care 1790 benefits, educational benefits, retirement benefits, living wage 1791 standards, and entering a labor peace agreement with employees. 1792 (g)Environmental plan (5 points).The applicant may 1793 demonstrate an environmental plan of action to minimize the 1794 carbon footprint, environmental impact, and resource needs for 1795 the dispensary, which may include, but need not be limited to, 1796 recycling cannabis product packaging. 1797 (h)Florida owner (5 points).Fifty-one percent or more of 1798 the applicant business is owned and controlled by a Florida 1799 resident who can prove residency in this state for each of the 1800 past 5 years with tax records. 1801 (i)Status as a veteran (5 points).Fifty-one percent or 1802 more of the applicant business is controlled and owned by an 1803 individual or individuals who meet the qualifications of a 1804 veteran as defined s. 1.01(14). 1805 (j)A diversity plan (5 points).The applicant must provide 1806 a diversity plan that includes a narrative of no more than 2,500 1807 words which establishes a goal of diversity in ownership, 1808 management, employment, and contracting to ensure that diverse 1809 participants and groups are afforded equal opportunities. 1810 (12)The department may also award up to 2 bonus points if 1811 an applicant includes a plan to engage with the community. The 1812 applicant may demonstrate a desire to engage with its community 1813 by participating in one or more of, but not limited to, the 1814 following actions: 1815 (a)Establishing an incubator program designed to increase 1816 participation in the cannabis industry by persons who would 1817 qualify as social equity applicants; 1818 (b)Providing financial assistance to substance abuse 1819 treatment centers; 1820 (c)Educating children and teens about the potential harms 1821 of cannabis use; or 1822 (d)Other measures demonstrating a commitment to the 1823 applicants community. Bonus points will only be awarded if the 1824 department receives more than one application for a particular 1825 BLS region which receive an equal score. 1826 (13)The department may verify information contained in 1827 each application and accompanying documentation to assess the 1828 applicants veracity and fitness to operate a dispensing 1829 organization. 1830 (14)The department may refuse to issue an authorization to 1831 any applicant who: 1832 (a)Is unqualified to perform the duties required of the 1833 applicant; 1834 (b)Fails to disclose or states falsely any information 1835 called for in the application; 1836 (c)Has been found guilty of a violation of this chapter, 1837 or whose medical marijuana dispensary license, early approval 1838 adult use dispensing organization license, early approval adult 1839 use dispensing organization license at a secondary site, or 1840 early approval cultivation center license was suspended, 1841 restricted, revoked, or denied for just cause, or the 1842 applicants cannabis business establishment license was 1843 suspended, restricted, revoked, or denied in any other state; or 1844 (d)Has engaged in a pattern or practice of unfair or 1845 illegal practices, methods, or activities in the conduct of 1846 owning a cannabis business establishment or other business. 1847 (15)The department shall deny the license if any principal 1848 officer, board member, or person having a financial or voting 1849 interest of 5 percent or greater in the licensee is delinquent 1850 in filing any required tax returns or paying any amounts owed to 1851 the state. 1852 (16)The department shall verify an applicants compliance 1853 with the requirements of this chapter and rules adopted pursuant 1854 thereto before issuing a dispensing organization license. 1855 (17)If an applicant is awarded a license, the information 1856 and plans provided in the application, including any plans 1857 submitted for bonus points, shall become a condition of the 1858 conditional adult use dispensing organization license, except as 1859 otherwise provided by this chapter or rule adopted pursuant 1860 thereto. Dispensing organizations have a duty to disclose any 1861 material changes to the application. The department shall review 1862 all material changes disclosed by the dispensing organization 1863 and may reevaluate its prior decision regarding the awarding of 1864 a license, including, but not limited to, suspending or revoking 1865 a license. Failure to comply with the conditions or requirements 1866 in the application may subject the dispensing organization to 1867 discipline, up to and including suspension or revocation of its 1868 authorization or license by the department. 1869 (18)If an applicant has not begun operating as a 1870 dispensing organization within 1 year after the issuance of the 1871 conditional adult use dispensing organization license, the 1872 department may revoke the conditional adult use dispensing 1873 organization license and award it to the next highest scoring 1874 applicant in the BLS region if a suitable applicant indicates a 1875 continued interest in the license or begin a new selection 1876 process to award a conditional adult use dispensing organization 1877 license. 1878 (19)The department shall deny an application if granting 1879 that application would result in a single person or entity 1880 having a direct or indirect financial interest in more than 10 1881 early approval adult use dispensing organization licenses, 1882 conditional adult use dispensing organization licenses, or adult 1883 use dispensing organization licenses. Any entity that is awarded 1884 a license that results in a single person or entity having a 1885 direct or indirect financial interest in more than 10 licenses 1886 shall forfeit the most recently issued license and be subject to 1887 a penalty to be determined by the department, unless the entity 1888 declines the license at the time it is awarded. 1889 566.2031Conditional adult use dispensing organization 1890 licenses after January 1, 2024. 1891 (1)In addition to any of the licenses issued under this 1892 chapter, by December 21, 2022, the department shall issue up to 1893 110 conditional adult use dispensing organization licenses 1894 pursuant to the application process under this section. Before 1895 issuing such licenses, the department may adopt rules through 1896 emergency rulemaking in accordance with chapter 120. Such rules 1897 may: 1898 (a)Modify or change the BLS regions as they apply to this 1899 chapter or modify or raise the number of conditional adult use 1900 dispensing organization licenses assigned to each region based 1901 on the following factors: 1902 1.Purchaser wait times. 1903 2.Travel time to the nearest dispensary for potential 1904 purchasers. 1905 3.Percentage of cannabis sales occurring in this state 1906 which are not in the regulated market and tourism data from 1907 VISIT Florida to ascertain total cannabis consumption in this 1908 state compared to the amount of sales in licensed dispensing 1909 organizations. 1910 4.Whether there is an adequate supply of cannabis and 1911 cannabis-infused products to serve registered qualified 1912 patients. 1913 5.Population increases or shifts. 1914 6.Density of dispensing organizations in a region. 1915 7.The departments capacity to appropriately regulate 1916 additional licenses. 1917 8.Any other criteria the department deems relevant. 1918 (b)Make modifications to remedy evidence of 1919 discrimination. 1920 (2)After January 1, 2024, the department may by rule 1921 modify or raise the number of adult use dispensing organization 1922 licenses assigned to each region and modify or change the 1923 licensing application process to reduce or eliminate barriers 1924 based on the criteria in subsection (1). The department may not 1925 issue more than 500 adult use dispensing organization licenses. 1926 566.2032Adult use dispensing organization license. 1927 (1)A person is eligible to receive an adult use dispensing 1928 organization license only if the person has been awarded a 1929 conditional adult use dispensing organization license pursuant 1930 to this chapter or has renewed its license pursuant to s. 1931 566.202(11) or (12). 1932 (2)The department may not issue an adult use dispensing 1933 organization license until: 1934 (a)The department has inspected the dispensary site and 1935 proposed operations and verified that they are in compliance 1936 with this chapter and local zoning laws; 1937 (b)The conditional adult use dispensing organization 1938 licensee has paid a registration fee as provided in s. 566.801 1939 or a prorated amount accounting for the difference of time 1940 between when the adult use dispensing organization license is 1941 issued and March 31 of the next even-numbered year; and 1942 (c)The conditional adult use dispensing organization 1943 licensee has met all the requirements in this chapter and rules. 1944 (3)A person or an entity may not hold any legal, 1945 equitable, ownership, or beneficial interest, directly or 1946 indirectly, of more than 10 dispensing organizations licensed 1947 under this chapter. Further, a person or an entity that is: 1948 (a)Employed by, is an agent of, or participates in the 1949 management of a dispensing organization or registered medical 1950 marijuana dispensary; 1951 (b)A principal officer of a dispensing organization or 1952 registered medical marijuana dispensary; or 1953 (c)An entity controlled by or affiliated with a principal 1954 officer of a dispensing organization or registered medical 1955 marijuana dispensary; 1956 1957 may not hold any legal, equitable, ownership, or beneficial 1958 interest, directly or indirectly, in a dispensing organization 1959 which would result in such person or entity owning or 1960 participating in the management of more than 10 dispensing 1961 organizations. For the purpose of this paragraph, the term 1962 participating in management includes, without limitation, 1963 controlling decisions regarding staffing, pricing, purchasing, 1964 marketing, store design, hiring, and website design. 1965 (4)The department shall deny an application if granting 1966 that application would result in a person or entity obtaining 1967 direct or indirect financial interest in more than 10 early 1968 approval adult use dispensing organization licenses, conditional 1969 adult use dispensing organization licenses, adult use dispensing 1970 organization licenses, or any combination thereof. If a person 1971 or entity is awarded a conditional adult use dispensing 1972 organization license that would cause the person or entity to be 1973 in violation of this subsection, the person or entity shall 1974 choose which license application it wants to abandon and such 1975 license shall become available to the next qualified applicant 1976 in the region in which the abandoned license was awarded. 1977 566.2033Dispensing organization agent identification card; 1978 agent training. 1979 (1)The department shall: 1980 (a)Verify the information contained in an application or 1981 renewal for a dispensing organization agent identification card 1982 submitted under this chapter, and approve or deny an application 1983 or renewal, within 30 days after receiving a completed 1984 application or renewal application and all supporting 1985 documentation required by rule. 1986 (b)Issue a dispensing organization agent identification 1987 card to a qualifying agent within 15 business days after 1988 approving the application or renewal. 1989 (c)Enter the registry identification number of the 1990 dispensing organization where the agent works. 1991 (d)By July 1, 2023, allow for an electronic application 1992 process and confirm by electronic means or other methods that an 1993 application has been submitted. 1994 (e)Collect a nonrefundable fee as provided in s. 566.801 1995 from the applicant to be deposited into the Alcoholic Beverage, 1996 Marijuana, and Tobacco Trust Fund. 1997 (2)A dispensing agent must keep his or her identification 1998 card visible at all times when on the property of the dispensing 1999 organization. 2000 (3)The dispensing organization agent identification cards 2001 shall contain all of the following: 2002 (a)The name of the cardholder. 2003 (b)The date of issuance and expiration date of the 2004 dispensing organization agent identification cards. 2005 (c)A random 10-digit alphanumeric identification number 2006 containing at least four numbers and at least four letters which 2007 is unique to the cardholder. 2008 (d)A photograph of the cardholder. 2009 (4)The dispensing organization agent identification cards 2010 shall be immediately returned to the dispensing organization 2011 upon termination of employment. 2012 (5)The department may not issue an agent identification 2013 card if the applicant is delinquent in filing any required tax 2014 returns or paying any amounts owed to the state. 2015 (6)A card lost by a dispensing organization agent shall be 2016 reported to the Department of Law Enforcement and the department 2017 immediately upon discovery of the loss. 2018 (7)An applicant shall be denied a dispensing organization 2019 agent identification card if he or she fails to complete the 2020 training provided for in this section. 2021 (8)A dispensing organization agent shall be required to 2022 hold only one card for the same employer regardless of what type 2023 of dispensing organization license the employer holds. 2024 (9)(a)Within 90 days after September 1, 2022, or 90 days 2025 after employment, whichever is later, all owners, managers, 2026 employees, and agents involved in the handling or sale of 2027 cannabis or cannabis-infused product employed by an adult use 2028 dispensing organization or medical marijuana dispensary shall 2029 attend and successfully complete a responsible vendor program. 2030 (b)Each owner, manager, employee, and agent of an adult 2031 use dispensing organization or medical marijuana dispensary 2032 shall successfully complete the program annually. 2033 (c)Responsible vendor program training modules shall 2034 include at least 2 hours of instruction time approved by the 2035 department which includes: 2036 1.Health and safety concerns of cannabis use, including 2037 the responsible use of cannabis, its physical effects, onset of 2038 physiological effects, recognizing signs of impairment, and 2039 appropriate responses in the event of overconsumption. 2040 2.Training on laws and rules relating to driving while 2041 under the influence. 2042 3.Training on state laws and rules relating to the 2043 prohibition on the sale of cannabis to minors. 2044 4.Training on state laws and rules relating to quantity 2045 limitations on sales to purchasers. 2046 5.Training on acceptable forms of identification, 2047 including, but not limited to: 2048 a.How to check identification. 2049 b.Common mistakes made in verification. 2050 6.Safe storage of cannabis. 2051 7.Compliance with all inventory tracking system 2052 regulations. 2053 8.Waste handling, management, and disposal. 2054 9.Health and safety standards. 2055 10.Maintenance of records. 2056 11.Security and surveillance requirements. 2057 12.Permitting inspections by state and local licensing and 2058 enforcement authorities. 2059 13.Privacy issues. 2060 14.Packaging and labeling requirement for sales to 2061 purchasers. 2062 15.Other areas as determined by department rule. 2063 (10)Upon the successful completion of the responsible 2064 vendor program, the provider shall deliver proof of completion 2065 either through mail or electronic communication to the 2066 dispensing organization, which shall retain a copy of the 2067 certificate. 2068 (11)The license of a dispensing organization or medical 2069 marijuana dispensary whose owners, managers, employees, or 2070 agents fail to comply with this section may be suspended or 2071 revoked under s. 566.2068 or may face other disciplinary action. 2072 (12)The regulation of dispensing organization and medical 2073 marijuana dispensary employer and employee training is an 2074 exclusive function of the state, and regulation by a unit of 2075 local government is prohibited. 2076 (13)Persons seeking department approval to offer the 2077 training required by paragraph (9)(c) may apply for such 2078 approval between August 1 and August 15 of each odd-numbered 2079 year in a manner prescribed by the department. 2080 (14)Persons seeking department approval to offer the 2081 training required by paragraph (9)(c) shall submit a 2082 nonrefundable application fee as provided in s. 566.801 to be 2083 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 2084 Trust Fund or a fee as may be set by rule. Any changes made to 2085 the training module shall be approved by the department. 2086 (15)The department may not unreasonably deny approval of a 2087 training module that meets all the requirements of paragraph 2088 (9)(c). A denial of approval must include a detailed description 2089 of the reasons for the denial. 2090 (16)Any person approved to provide the training required 2091 by paragraph (9)(c) shall submit an application for reapproval 2092 between August 1 and August 15 of each odd-numbered year and 2093 include a nonrefundable application fee as provided in s. 2094 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 2095 and Tobacco Trust Fund or a fee as may be set by rule. 2096 566.20331Renewal of adult use dispensing organization 2097 licenses. 2098 (1)Adult use dispensing organization licenses shall expire 2099 on March 31 of even-numbered years. 2100 (2)Agent identification cards shall expire 1 year after 2101 the date they are issued. 2102 (3)Licensees and dispensing agents shall submit renewal 2103 applications as provided by the department and pay the renewal 2104 fees provided in s. 566.801(3)(b) and (4)(a)1., respectively. 2105 The department shall require an agent, employee, contracting, 2106 and subcontracting diversity report and an environmental impact 2107 report with its renewal application. No license or agent 2108 identification card shall be renewed if it is currently under 2109 revocation or suspension for violation of this chapter or any 2110 rules that may be adopted under this chapter or the licensee, 2111 principal officer, board member, person having a financial or 2112 voting interest of 5 percent or greater in the licensee, or 2113 agent is delinquent in filing any required tax returns or paying 2114 any amounts owed to the state. 2115 (4)Renewal fees collected under subsection (3) are to be 2116 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 2117 Trust Fund. 2118 (5)If a dispensing organization fails to renew its license 2119 before expiration, the dispensing organization shall cease 2120 operations until the license is renewed. 2121 (6)If a dispensing organization agent fails to renew his 2122 or her registration before its expiration, he or she shall cease 2123 to perform duties authorized by this chapter at a dispensing 2124 organization until his or her registration is renewed. 2125 (7)Any dispensing organization that continues to operate 2126 after failing to renew its license or a dispensing agent who 2127 continues to perform duties authorized by this chapter at a 2128 dispensing organization that fails to renew its license is 2129 subject to penalty as provided in this chapter, or any rules 2130 that may be adopted pursuant to this chapter. 2131 (8)The department may not renew a license if the applicant 2132 is delinquent in filing any required tax returns or paying any 2133 amounts owed to the state. The department may not renew a 2134 dispensing agent identification card if the applicant is 2135 delinquent in filing any required tax returns or paying any 2136 amounts owed to the state. 2137 566.20332Disclosure of ownership and control. 2138 (1)Each dispensing organization applicant and licensee 2139 shall file and maintain a table of organization, ownership, and 2140 control with the department. The table of organization, 2141 ownership, and control shall contain the information required by 2142 this section in sufficient detail to identify all owners, 2143 directors, and principal officers, and the title of each 2144 principal officer or business entity that, through direct or 2145 indirect means, manages, owns, or controls the applicant or 2146 licensee. 2147 (2)The table of organization, ownership, and control shall 2148 identify the following information: 2149 (a)The management structure, ownership, and control of the 2150 applicant or licensee including the name of each principal 2151 officer or business entity, the office or position held, and the 2152 percentage ownership interest, if any. 2153 (b)If the business entity has a parent company, the name 2154 of each owner, board member, and officer of the parent company 2155 and his or her percentage ownership interest in the parent 2156 company and the dispensing organization. 2157 (c)If the applicant or licensee is a business entity with 2158 publicly traded stock, the identification of ownership shall be 2159 provided as required in subsection (3). 2160 (3)If a business entity identified in subsection (2) is a 2161 publicly traded company, the following information shall be 2162 provided in the table of organization, ownership, and control: 2163 (a)The name and percentage of ownership interest of each 2164 individual or business entity with ownership of more than 5 2165 percent of the voting shares of the entity, to the extent that 2166 such information is known or contained in 13D or 13G Securities 2167 and Exchange Commission filings. 2168 (b)To the extent known, the names and percentage of 2169 interest of ownership of persons who are relatives of one 2170 another and who together exercise control over or own more than 2171 10 percent of the voting shares of the entity. 2172 (4)A dispensing organization with a parent company or 2173 companies or that is partially owned or controlled by another 2174 entity must disclose to the department the relationship and all 2175 owners, board members, officers, or individuals with control or 2176 management of those entities. A dispensing organization may not 2177 shield its ownership or control from the department. 2178 (5)All principal officers must submit a complete online 2179 application with the department within 14 days after the 2180 dispensing organization is licensed by the department or within 2181 14 days after the department submits notice of approval of a new 2182 principal officer. 2183 (6)A principal officer may not allow his or her 2184 registration to expire. 2185 (7)A dispensing organization separating with a principal 2186 officer must do so under this chapter. The principal officer 2187 must communicate the separation to the department within 5 2188 business days. 2189 (8)A principal officer not in compliance with the 2190 requirements of this chapter shall be removed from his or her 2191 position with the dispensing organization or shall otherwise 2192 terminate his or her affiliation. Failure to do so may subject 2193 the dispensing organization to discipline, suspension, or 2194 revocation of its license by the department. 2195 (9)It is the responsibility of the dispensing organization 2196 and its principal officers to promptly notify the department of 2197 any change of the principal place of business address, hours of 2198 operation, or change in the dispensing organizations ownership, 2199 control, or primary or secondary contact information. Any 2200 changes must be made to the department in writing. 2201 566.20333Financial responsibility.Evidence of financial 2202 responsibility is a requirement for the issuance, maintenance, 2203 or reactivation of a license under this chapter. Evidence of 2204 financial responsibility shall be used to guarantee that the 2205 dispensing organization timely and successfully completes 2206 dispensary construction, operates in a manner that provides an 2207 uninterrupted supply of cannabis, faithfully pays registration 2208 renewal fees, keeps accurate books and records, makes regularly 2209 required reports, complies with state tax requirements, and 2210 conducts the dispensing organization in conformity with this 2211 chapter and rules adopted pursuant thereto. Evidence of 2212 financial responsibility shall be provided by one of the 2213 following: 2214 (1)Establishing and maintaining an escrow or surety 2215 account in a financial institution in the amount of $50,000, 2216 with escrow terms, approved by the department, that shall be 2217 payable to the department in the event of circumstances outlined 2218 in this chapter and rules adopted pursuant thereto. 2219 (a)A financial institution may not return money in an 2220 escrow or surety account to the dispensing organization that 2221 established the account or a representative of the organization 2222 unless the organization or representative presents a statement 2223 issued by the department indicating that the account may be 2224 released. 2225 (b)The escrow or surety account may not be canceled on 2226 less than 30 days notice in writing to the department, unless 2227 otherwise approved by the department. If an escrow or surety 2228 account is canceled and the registrant fails to secure a new 2229 account with the required amount on or before the effective date 2230 of cancellation, the registrants registration may be revoked. 2231 The total and aggregate liability of the surety on the bond is 2232 limited to the amount specified in the escrow or surety account. 2233 (2)Providing a surety bond in the amount of $50,000, 2234 naming the dispensing organization as principal of the bond, 2235 with terms, approved by the department, specifying that the bond 2236 defaults to the department in the event of circumstances 2237 outlined in this chapter and rules adopted pursuant thereto. 2238 Bond terms must require that: 2239 (a)The business name and registration number on the bond 2240 must correspond exactly with the business name and registration 2241 number in the departments records. 2242 (b)The bond must be written on a form approved by the 2243 department. 2244 (c)A copy of the bond must be received by the department 2245 within 90 days after the effective date. 2246 (d)The bond may not be canceled by a surety on less than 2247 30 days notice in writing to the department. If a bond is 2248 canceled and the registrant fails to file a new bond with the 2249 department in the required amount on or before the effective 2250 date of cancellation, the registrants registration may be 2251 revoked. The total and aggregate liability of the surety on the 2252 bond is limited to the amount specified in the bond. 2253 566.20334Changes to a dispensing organization. 2254 (1)A license shall be issued to the specific dispensing 2255 organization identified on the application and for the specific 2256 location proposed. The license is valid only as designated on 2257 the license and for the location for which it is issued. 2258 (2)A dispensing organization may add principal officers 2259 only after being approved by the department. 2260 (3)A dispensing organization shall provide written notice 2261 of the removal of a principal officer within 5 business days 2262 after removal. The notice shall include the written agreement of 2263 the principal officer being removed, unless otherwise approved 2264 by the department, and allocation of ownership shares after 2265 removal in an updated ownership chart. 2266 (4)A dispensing organization shall provide a written 2267 request to the department for the addition of principal 2268 officers. A dispensing organization shall submit proposed 2269 principal officer applications on forms approved by the 2270 department. 2271 (5)All proposed new principal officers shall be subject to 2272 the requirements of this chapter and any rules that may be 2273 adopted pursuant to this chapter. 2274 (6)The department may prohibit the addition of a principal 2275 officer to a dispensing organization for failure to comply with 2276 this chapter and any rules that may be adopted pursuant to this 2277 chapter. 2278 (7)A dispensing organization may not assign a license. 2279 (8)A dispensing organization may not transfer a license 2280 without prior department approval. Such approval may be withheld 2281 if the person to whom the license is being transferred does not 2282 commit to the same or a similar community engagement plan 2283 provided as part of the dispensing organizations application 2284 under s. 566.202(4), and such transferees license shall be 2285 conditional upon that commitment. 2286 (9)With the addition or removal of principal officers, the 2287 department shall review the ownership structure to determine 2288 whether the change in ownership has had the effect of a transfer 2289 of the license. The dispensing organization shall supply all 2290 ownership documents requested by the department. 2291 (10)A dispensing organization may apply to the department 2292 to approve a sale of the dispensing organization. A request to 2293 sell the dispensing organization must be on application forms 2294 provided by the department. A request for an approval to sell a 2295 dispensing organization must comply with the following: 2296 (a)New application materials shall comply with this 2297 chapter and any rules that may be adopted pursuant to this 2298 chapter. 2299 (b)Application materials shall include a change of 2300 ownership fee as provided in s. 566.801 to be deposited into the 2301 Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. 2302 (c)The application materials shall provide proof that the 2303 transfer of ownership will not have the effect of granting any 2304 of the owners or principal officers direct or indirect ownership 2305 or control of more than 10 dispensing organization licenses. 2306 (d)New principal officers shall each complete the proposed 2307 new principal officer application. 2308 (e)If the department approves the application materials 2309 and proposed new principal officer applications, it will perform 2310 an inspection before approving the sale and issuing the 2311 dispensing organization license. 2312 (f)If a new license is approved, the department will issue 2313 a new license number and certificate to the new dispensing 2314 organization. 2315 (11)The dispensing organization shall provide the 2316 department with the personal information for all new dispensing 2317 organization agents as required in this chapter, and all new 2318 dispensing organization agents shall be subject to the 2319 requirements of this chapter. A dispensing organization agent 2320 must obtain an agent identification card from the department 2321 before beginning work at a dispensary. 2322 (12)Before remodeling, expansion, reduction, or other 2323 physical, noncosmetic alteration of a dispensary, the dispensing 2324 organization must notify the department and confirm the 2325 alterations are in compliance with this chapter and any rules 2326 that may be adopted pursuant to this chapter. 2327 566.204Administration. 2328 (1)A dispensing organization shall establish, maintain, 2329 and comply with written policies and procedures as submitted in 2330 the business, financial, and operating plan as prescribed in 2331 this chapter or by rules established by the department, and 2332 approved by the department, for the security, storage, 2333 inventory, and distribution of cannabis. These policies and 2334 procedures shall include methods for identifying, recording, and 2335 reporting diversion, theft, or loss and for correcting errors 2336 and inaccuracies in inventories. At a minimum, dispensing 2337 organizations shall ensure the written policies and procedures 2338 provide for the following: 2339 (a)Mandatory and voluntary recalls of cannabis products. 2340 The policies shall be adequate to deal with recalls due to any 2341 action initiated at the request of the department and any 2342 voluntary action by the dispensing organization to remove 2343 defective or potentially defective cannabis from the market or 2344 any action undertaken to promote public health and safety, 2345 including: 2346 1.A mechanism reasonably calculated to contact purchasers 2347 who have, or likely have, obtained the product from the 2348 dispensary, including information on the policy for return of 2349 the recalled product. 2350 2.A mechanism to identify and contact the adult use 2351 cultivation center, craft grower, or infuser that manufactured 2352 the cannabis. 2353 3.Policies for communicating with the department and the 2354 Department of Health within 24 hours after discovering defective 2355 or potentially defective cannabis. 2356 4.Policies for destruction of any recalled cannabis 2357 product. 2358 (b)Responses to local, state, or national emergencies, 2359 including natural disasters, that affect the security or 2360 operation of a dispensary. 2361 (c)Segregation and destruction of outdated, damaged, 2362 deteriorated, misbranded, or adulterated cannabis. This 2363 procedure shall provide for written documentation of the 2364 cannabis disposition. 2365 (d)Ensuring the oldest stock of a cannabis product is 2366 distributed first. The procedure may permit deviation from this 2367 requirement, if such deviation is temporary and appropriate. 2368 (e)Training of dispensing organization agents on the 2369 requirements of this chapter and rules adopted pursuant thereto, 2370 including training on how to effectively operate the point-of 2371 sale system and the states verification system, proper 2372 inventory handling and tracking, specific uses of cannabis or 2373 cannabis-infused products, regulatory inspection preparedness 2374 and law enforcement interactions, the legal requirements for 2375 maintaining status as an agent, and other topics as specified by 2376 the dispensing organization or the department. The dispensing 2377 organization shall maintain evidence of all training provided to 2378 each agent in its files which is subject to inspection and audit 2379 by the department. The dispensing organization shall ensure 2380 agents receive a minimum of 8 hours of training annually, 2381 subject to the requirements in s. 566.2033(9), unless otherwise 2382 approved by the department. 2383 (f)Maintenance of business records consistent with 2384 industry standards, including bylaws, consents, manual or 2385 computerized records of assets and liabilities, audits, monetary 2386 transactions, journals, ledgers, and supporting documents, 2387 including agreements, checks, invoices, receipts, and vouchers. 2388 Records shall be maintained in a manner consistent with this 2389 chapter and shall be retained for a minimum of 5 years. 2390 (g)Inventory control, including: 2391 1.Tracking purchases and denials of sale. 2392 2.Disposal of unusable or damaged cannabis as required by 2393 this chapter and rules. 2394 (h)Purchaser education and support, including: 2395 1.Whether possession of cannabis is illegal under federal 2396 law. 2397 2.Current educational information issued by the Department 2398 of Public Health about the health risks associated with the use 2399 or abuse of cannabis. 2400 3.Information about possible side effects. 2401 4.Prohibition on smoking cannabis in public places. 2402 5.Offering any other appropriate purchaser education or 2403 support materials. 2404 (2)A dispensing organization shall maintain copies of the 2405 policies and procedures on the dispensary premises and provide 2406 copies to the department upon request. The dispensing 2407 organization shall review the dispensing organization policies 2408 and procedures at least once every 12 months from the issue date 2409 of the license and update as needed due to changes in industry 2410 standards or as requested by the department. 2411 (3)A dispensing organization shall ensure that each 2412 principal officer and each dispensing organization agent has a 2413 current agent identification card in the agents immediate 2414 possession when the agent is at the dispensary. 2415 (4)A dispensing organization shall provide prompt written 2416 notice to the department, including the date of the event, when 2417 a dispensing organization agent no longer is employed by the 2418 dispensing organization. 2419 (5)A dispensing organization shall promptly document and 2420 report any loss or theft of cannabis from the dispensary to the 2421 Department of Law Enforcement and the department. It is the duty 2422 of any dispensing organization agent who becomes aware of the 2423 loss or theft to report it as provided in this chapter. 2424 (6)A dispensing organization shall post the following 2425 information in a conspicuous location in an area of the 2426 dispensary accessible to consumers: 2427 (a)The dispensing organizations license. 2428 (b)The hours of operation. 2429 (7)(a)All dispensing organizations must display a placard 2430 that states the following: Cannabis can impair cognition and 2431 driving, is for adult use only, may be habit-forming, and should 2432 not be used by pregnant or breastfeeding women. 2433 (b)Any dispensing organization that sells edible cannabis 2434 infused products must display a placard that states the 2435 following: 2436 1.Edible cannabis-infused products were produced in a 2437 kitchen that may also process common food allergens; and 2438 2.The effects of cannabis products can vary from person 2439 to person, and it can take as long as 2 hours to feel the 2440 effects of some cannabis-infused products. Carefully review the 2441 portion size information and warnings contained on the product 2442 packaging before consuming. 2443 (c)All of the required signage in this subsection shall be 2444 no smaller than 24 inches tall by 36 inches wide, with typed 2445 letters no smaller than 2 inches. The signage shall be clearly 2446 visible and readable by customers. The signage shall be placed 2447 in the area where cannabis and cannabis-infused products are 2448 sold and may be translated into additional languages as needed. 2449 The department may require a dispensary to display the required 2450 signage in a different language, other than English, if the 2451 department deems it necessary. 2452 (8)A dispensing organization shall prominently post 2453 notices inside the dispensing organization which state 2454 activities that are strictly prohibited and punishable by law, 2455 including, but not limited to: 2456 (a)Minors are not allowed on the premises unless the minor 2457 is a qualified patient. 2458 (b)Distribution to persons under the age of 21 is 2459 prohibited. 2460 (c)Transportation of cannabis or cannabis products across 2461 state lines is prohibited. 2462 566.2042Operational requirements; prohibitions. 2463 (1)A dispensing organization shall operate in accordance 2464 with the representations made in its application and license 2465 materials. It shall be in compliance with this chapter and 2466 rules. 2467 (2)A dispensing organization must include the legal name 2468 of the dispensary on the packaging of any cannabis product it 2469 sells. 2470 (3)All cannabis, cannabis-infused products, and cannabis 2471 seeds must be obtained from a registered adult use cultivation 2472 center in this state, craft grower, infuser, or another 2473 dispensary. 2474 (4)Dispensing organizations are prohibited from selling 2475 any product containing alcohol except tinctures, which must be 2476 limited to containers that are no larger than 100 milliliters. 2477 (5)A dispensing organization shall inspect and count 2478 product received by the adult use cultivation center before 2479 dispensing it. 2480 (6)A dispensing organization may accept cannabis 2481 deliveries only into a restricted access area. Deliveries may 2482 not be accepted through public or limited access areas unless 2483 otherwise approved by the department. 2484 (7)A dispensing organization shall maintain compliance 2485 with state and local building, fire, and zoning requirements or 2486 regulations. 2487 (8)A dispensing organization shall submit a list to the 2488 department of the names of all service professionals who will 2489 work at the dispensary. The list shall include a description of 2490 the type of business or service provided. Changes to the service 2491 professional list shall be promptly provided. No service 2492 professional shall work in the dispensary until the name is 2493 provided to the department on the service professional list. 2494 (9)A dispensing organizations license allows for a 2495 dispensary to be operated only at a single location. 2496 (10)A dispensary may operate between 6 a.m. and 10 p.m. 2497 local time. 2498 (11)A dispensing organization must keep all lighting 2499 outside and inside the dispensary in good working order and with 2500 wattage sufficient for security cameras. 2501 (12)A dispensing organization shall ensure that any 2502 building or equipment used by a dispensing organization for the 2503 storage or sale of cannabis is maintained in a clean and 2504 sanitary condition. 2505 (13)The dispensary shall be free from infestation by 2506 insects, rodents, or pests. 2507 (14)A dispensing organization may not: 2508 (a)Produce or manufacture cannabis. 2509 (b)Accept a cannabis product from an adult use cultivation 2510 center, craft grower, infuser, dispensing organization, or 2511 transporting organization unless it is pre-packaged and labeled 2512 in accordance with this chapter and any rules that may be 2513 adopted pursuant to this chapter. 2514 (c)Obtain cannabis or cannabis-infused products from 2515 outside this state. 2516 (d)Sell cannabis or cannabis-infused products to a 2517 purchaser unless the dispensing organization is a medical 2518 marijuana treatment center and the individual is a registered 2519 qualified patient or caregiver under s. 381.986 or the purchaser 2520 has been verified to be over the age of 21. 2521 (e)Enter into an exclusive agreement with any adult use 2522 cultivation center, craft grower, processor, or infuser. 2523 Dispensaries shall provide consumers an assortment of products 2524 from various cannabis business establishment licensees such that 2525 the inventory available for sale at any dispensary from any 2526 single cultivation center, craft grower, processor, or infuser 2527 entity may not be more than 40 percent of the total inventory 2528 available for sale. For the purpose of this subsection, a 2529 cultivation center, craft grower, processor, or infuser shall be 2530 considered part of the same entity if the licensees share at 2531 least one principal officer. The department may request that a 2532 dispensary diversify its products as needed or otherwise 2533 discipline a dispensing organization for violating this 2534 requirement. 2535 (f)Refuse to conduct business with an adult use 2536 cultivation center, craft grower, transporting organization, or 2537 infuser that has the ability to properly deliver the product and 2538 is permitted by the Department of Agriculture, on the same terms 2539 as other adult use cultivation centers, craft growers, infusers, 2540 or transporters with whom it is dealing. 2541 (g)Operate drive-through windows. 2542 (h)Allow for the dispensing of cannabis or cannabis 2543 infused products in vending machines. 2544 (i)Transport cannabis to residences or other locations 2545 where purchasers may be for delivery. 2546 (j)Enter into agreements to allow persons who are not 2547 dispensing organization agents to deliver cannabis or to 2548 transport cannabis to purchasers. 2549 (k)Operate a dispensary if its video surveillance 2550 equipment is inoperative. 2551 (l)Operate a dispensary if the point-of-sale equipment is 2552 inoperative. 2553 (m)Operate a dispensary if the states cannabis electronic 2554 verification system is inoperative. 2555 (n)Have fewer than two people working at the dispensary at 2556 any time while the dispensary is open. 2557 (o)Be located within 1,500 feet of the property line of a 2558 preexisting dispensing organization. 2559 (p)Sell clones or any other live plant material. 2560 (q)Sell cannabis, cannabis concentrate, or cannabis 2561 infused products in combination or bundled with each other or 2562 any other items for one price, and each item of cannabis, 2563 concentrate, or cannabis-infused product must be separately 2564 identified by quantity and price on the receipt. 2565 (r)Violate any other requirements or prohibitions set by 2566 department rules. 2567 (15)It is unlawful for any person having an early approval 2568 adult use dispensing organization license, a conditional adult 2569 use dispensing organization, an adult use dispensing 2570 organization license, or a medical marijuana treatment center 2571 license or any officer, associate, member, representative, or 2572 agent of such licensee to accept, receive, or borrow money or 2573 anything else of value or accept or receive credit, other than 2574 merchandising credit in the ordinary course of business for a 2575 period not to exceed 30 days, directly or indirectly, from any 2576 adult use cultivation center, craft grower, infuser, or 2577 transporting organization. This includes anything received or 2578 borrowed or from any stockholders, officers, agents, or persons 2579 connected with an adult use cultivation center, craft grower, 2580 infuser, or transporting organization. This also excludes 2581 anything received or borrowed in exchange for preferential 2582 placement by the dispensing organization, including preferential 2583 placement on the dispensing organizations shelves, display 2584 cases, or website. 2585 (16)It is unlawful for any person having an early approval 2586 adult use dispensing organization license, a conditional adult 2587 use dispensing organization, an adult use dispensing 2588 organization license, or a medical marijuana treatment center 2589 license to enter into any contract with any person licensed to 2590 cultivate, process, or transport cannabis whereby such 2591 dispensing organization agrees not to sell any cannabis 2592 cultivated, processed, transported, manufactured, or distributed 2593 by any other cultivator, transporter, or infuser, and any 2594 provision in any contract in violation of this section shall 2595 render the whole of such contract void and no action shall be 2596 brought thereon in any court. 2597 566.2043Inventory control system. 2598 (1)A dispensing organization agent-in-charge shall have 2599 primary oversight of the dispensing organizations cannabis 2600 inventory verification system and its point-of-sale system. The 2601 inventory point-of-sale system shall be real-time, web-based, 2602 and accessible by the department at any time. The point-of-sale 2603 system shall track, at a minimum, the date of sale, amount, 2604 price, and currency. 2605 (2)A dispensing organization shall establish an account 2606 with the states verification system that documents: 2607 (a)Each sales transaction at the time of sale and each 2608 days beginning inventory, acquisitions, sales, disposal, and 2609 ending inventory. 2610 (b)Acquisition of cannabis and cannabis-infused products 2611 from a licensed adult use cultivation center, craft grower, 2612 infuser, or transporter, including: 2613 1.A description of the products, including the quantity, 2614 strain, variety, and batch number of each product received. 2615 2.The name and registry identification number of the 2616 licensed adult use cultivation center, craft grower, 2617 transporter, or infuser providing the cannabis and cannabis 2618 infused products. 2619 3.The name and registry identification number of the 2620 licensed adult use cultivation center, craft grower, infuser, or 2621 transportation agent delivering the cannabis. 2622 4.The name and registry identification number of the 2623 dispensing organization agent receiving the cannabis. 2624 5.The date of acquisition. 2625 (c)The disposal of cannabis, including: 2626 1.A description of the products, including the quantity, 2627 strain, variety, batch number, and reason for the cannabis being 2628 disposed. 2629 2.The method of disposal. 2630 3.The date and time of disposal. 2631 (3)Upon cannabis delivery, a dispensing organization shall 2632 confirm that the products name, strain name, weight, and 2633 identification number on the manifest matches the information on 2634 the cannabis product label and package. The product name listed 2635 and the weight listed in the states verification system must 2636 match the product packaging. 2637 (a)The agent-in-charge shall conduct daily inventory 2638 reconciliation documenting and balancing cannabis inventory by 2639 confirming the states verification system matches the 2640 dispensing organizations point-of-sale system and the amount of 2641 physical product at the dispensary. 2642 (b)A dispensing organization must receive department 2643 approval before completing an inventory adjustment. It shall 2644 provide a detailed reason for the adjustment. Inventory 2645 adjustment documentation shall be kept at the dispensary for 2 2646 years after the date performed. 2647 (c)If the dispensing organization identifies an imbalance 2648 in the amount of cannabis after the daily inventory 2649 reconciliation due to mistake, the dispensing organization shall 2650 determine how the imbalance occurred and immediately upon 2651 discovery take and document corrective action. If the dispensing 2652 organization cannot identify the reason for the mistake within 2 2653 calendar days after first discovery, it shall inform the 2654 department immediately in writing of the imbalance and the 2655 corrective action taken to date. The dispensing organization 2656 shall work diligently to determine the reason for the mistake. 2657 (d)If the dispensing organization identifies an imbalance 2658 in the amount of cannabis after the daily inventory 2659 reconciliation or through other means due to theft, criminal 2660 activity, or suspected criminal activity, the dispensing 2661 organization shall immediately determine how the reduction 2662 occurred and take and document corrective action. Within 24 2663 hours after the first discovery of the reduction due to theft, 2664 criminal activity, or suspected criminal activity, the 2665 dispensing organization shall inform the department and the 2666 Department of Law Enforcement in writing. 2667 (e)The dispensing organization shall file an annual 2668 compilation report with the department, including a financial 2669 statement that shall include, but not be limited to, an income 2670 statement, balance sheet, profit and loss statement, statement 2671 of cash flow, wholesale cost and sales, and any other 2672 documentation requested by the department in writing. The 2673 financial statement shall include any other information the 2674 department deems necessary in order to effectively administer 2675 this chapter and all rules, orders, and final decisions 2676 promulgated under this chapter. Statements required by this 2677 section shall be filed with the department within 60 days after 2678 the end of the calendar year. The compilation report shall 2679 include a letter authored by a licensed certified public 2680 accountant that it has been reviewed and is accurate based on 2681 the information provided. The dispensing organization, financial 2682 statement, and accompanying documents are not required to be 2683 audited unless specifically requested by the department. 2684 (4)A dispensing organization shall: 2685 (a)Maintain the documentation required in this section in 2686 a secure locked location at the dispensing organization for 5 2687 years after the date on the document. 2688 (b)Provide any documentation required to be maintained in 2689 this section to the department for review upon request. 2690 (c)If maintaining a bank account, retain for a period of 5 2691 years a record of each deposit or withdrawal from the account. 2692 (5)If a dispensing organization chooses to have a return 2693 policy for cannabis and cannabis products, the dispensing 2694 organization shall seek prior approval from the department. 2695 566.2044Storage requirements. 2696 (1)Authorized on-premises storage. A dispensing 2697 organization must store inventory on its premises. All inventory 2698 stored on the premises must be secured in a restricted access 2699 area and tracked consistently with the inventory tracking rules. 2700 (2)A dispensary shall be of suitable size and construction 2701 to facilitate cleaning, maintenance, and proper operations. 2702 (3)A dispensary shall maintain adequate lighting, 2703 ventilation, temperature, humidity control, and equipment. 2704 (4)Containers storing cannabis which have been tampered 2705 with, damaged, or opened must be labeled with the date opened 2706 and quarantined from other cannabis products in the vault until 2707 they are disposed of. 2708 (5)Cannabis that was tampered with, expired, or damaged 2709 may not be stored at the premises for more than 7 calendar days. 2710 (6)Cannabis samples shall be stored in a sealed container 2711 and maintained in the restricted access area. 2712 (7)The dispensary storage areas shall be maintained in 2713 accordance with the security requirements in this chapter and 2714 rules. 2715 (8)Cannabis must be stored at appropriate temperatures and 2716 under appropriate conditions to help ensure that its packaging, 2717 strength, quality, and purity are not adversely affected. 2718 566.2046Dispensing cannabis. 2719 (1)Before a dispensing organization agent dispenses 2720 cannabis to a purchaser, the agent shall: 2721 (a)Verify the age of the purchaser by checking a 2722 government-issued identification card by use of an electronic 2723 reader or electronic scanning device to scan a purchasers 2724 government-issued identification, if applicable, to determine 2725 the purchasers age and the validity of the identification. 2726 (b)Verify the validity of the government-issued 2727 identification card. 2728 (c)Offer any appropriate purchaser education or support 2729 materials. 2730 (d)Enter the following information into the states 2731 cannabis electronic verification system: 2732 1.The dispensing organization agents identification 2733 number. 2734 2.The dispensing organizations identification number. 2735 3.The amount and type, including strain, if applicable, of 2736 cannabis or cannabis-infused product dispensed. 2737 4.The date and time the cannabis was dispensed. 2738 (2)A dispensing organization shall refuse to sell cannabis 2739 or cannabis-infused products to any person unless the person 2740 produces a valid identification showing that the person is 21 2741 years of age or older. A dispensing organization may sell 2742 cannabis or cannabis-infused products to a person who is under 2743 21 years of age if the sale complies with the provisions of the 2744 s. 381.986 and rules adopted pursuant thereto. 2745 (3)For the purposes of this section, valid identification 2746 must: 2747 (a)Be valid and unexpired. 2748 (b)Contain a photograph and the date of birth of the 2749 person. 2750 566.2047Destruction and disposal of cannabis. 2751 (1)Cannabis and cannabis-infused products must be 2752 destroyed by rendering them unusable using methods approved by 2753 the department which comply with this chapter and rules. 2754 (2)Cannabis waste rendered unusable must be promptly 2755 disposed of according to this chapter and rules. Disposal of the 2756 cannabis waste rendered unusable may be delivered to a permitted 2757 solid waste facility for final disposition. Acceptable permitted 2758 solid waste facilities include, but are not limited to: 2759 (a)For compostable mixed waste, a compost, an anaerobic 2760 digester, or another facility approved by the jurisdictional 2761 health department. 2762 (b)For noncompostable mixed waste, a landfill, an 2763 incinerator, or another facility approved by the jurisdictional 2764 health department. 2765 (3)All waste and unusable product shall be weighed, 2766 recorded, and entered into the inventory system before rendering 2767 it unusable. All waste and unusable cannabis concentrates and 2768 cannabis-infused products shall be recorded and entered into the 2769 inventory system before rendering it unusable. Verification of 2770 this event shall be performed by an agent-in-charge and 2771 conducted in an area with video surveillance. 2772 (4)Electronic documentation of destruction and disposal 2773 shall be maintained for a period of at least 5 years. 2774 566.2048Agent-in-charge. 2775 (1)Every dispensing organization shall designate, at a 2776 minimum, one agent-in-charge for each licensed dispensary. The 2777 designated agent-in-charge must hold a dispensing organization 2778 agent identification card. Maintaining an agent-in-charge is a 2779 continuing requirement for the license, except as provided in 2780 subsection (6). 2781 (2)The agent-in-charge shall be a principal officer or a 2782 full-time agent of the dispensing organization and shall manage 2783 the dispensary. Managing the dispensary includes, but is not 2784 limited to, responsibility for opening and closing the 2785 dispensary, delivery acceptance, oversight of sales and 2786 dispensing organization agents, recordkeeping, inventory, 2787 dispensing organization agent training, and compliance with this 2788 chapter and rules. Participation in affairs also includes the 2789 responsibility for maintaining all files subject to audit or 2790 inspection by the department at the dispensary. 2791 (3)The agent-in-charge is responsible for promptly 2792 notifying the department of any change of information required 2793 to be reported to the department. 2794 (4)In determining whether an agent-in-charge manages the 2795 dispensary, the department may consider the responsibilities 2796 identified in this section, the number of dispensing 2797 organization agents under the supervision of the agent-in 2798 charge, and the employment relationship between the agent-in 2799 charge and the dispensing organization, including the existence 2800 of a contract for employment and any other relevant fact or 2801 circumstance. 2802 (5)The agent-in-charge is responsible for notifying the 2803 department of a change in the employment status of all 2804 dispensing organization agents within 5 business days after the 2805 change, including notice to the department if the termination of 2806 an agent was for diversion of product or theft of currency. 2807 (6)In the event of the separation of an agent-in-charge 2808 due to death, incapacity, termination, or any other reason and 2809 if the dispensary does not have an active agent-in-charge, the 2810 dispensing organization shall immediately contact the department 2811 and request a temporary certificate of authority allowing the 2812 continuing operation. The request shall include the name of an 2813 interim agent-in-charge until a replacement is identified, or 2814 shall include the name of the replacement. The department shall 2815 issue the temporary certificate of authority promptly after it 2816 approves the request. If a dispensing organization fails to 2817 promptly request a temporary certificate of authority after the 2818 separation of the agent-in-charge, its registration shall cease 2819 until the department approves the temporary certificate of 2820 authority or registers a new agent-in-charge. No temporary 2821 certificate of authority shall be valid for more than 90 days. 2822 The succeeding agent-in-charge shall register with the 2823 department in compliance with this chapter. Once the permanent 2824 succeeding agent-in-charge is registered with the department, 2825 the temporary certificate of authority is void. No temporary 2826 certificate of authority shall be issued for the separation of 2827 an agent-in-charge due to disciplinary action by the department 2828 related to his or her conduct on behalf of the dispensing 2829 organization. 2830 (7)The dispensing organization agent-in-charge 2831 registration shall expire one year after the date it is issued. 2832 The agent-in-charges registration shall be renewed annually. 2833 The department shall review the dispensing organizations 2834 compliance history when determining whether to grant the request 2835 to renew. 2836 (8)Upon termination of an agent-in-charges employment, 2837 the dispensing organization shall immediately reclaim the 2838 dispensing agent identification card. The dispensing 2839 organization shall promptly return the identification card to 2840 the department. 2841 (9)The department may deny an application or renewal or 2842 discipline or revoke an agent-in-charge identification card for 2843 any of the following reasons: 2844 (a)Submission of misleading, incorrect, false, or 2845 fraudulent information in the application or renewal 2846 application; 2847 (b)Violation of the requirements of this chapter or rules 2848 adopted pursuant thereto; 2849 (c)Fraudulent use of the agent-in-charge identification 2850 card; 2851 (d)Selling, distributing, transferring in any manner, or 2852 giving cannabis to any unauthorized person; 2853 (e)Theft of cannabis, currency, or any other items from a 2854 dispensary; 2855 (f)Tampering with, falsifying, altering, modifying, or 2856 duplicating an agent-in-charge identification card; 2857 (g)Tampering with, falsifying, altering, or modifying the 2858 surveillance video footage, the point-of-sale system, or the 2859 states verification system; 2860 (h)Failure to notify the department immediately upon 2861 discovery that the agent-in-charge identification card has been 2862 lost, stolen, or destroyed; 2863 (i)Failure to notify the department within 5 business days 2864 after a change in the information provided in the application 2865 for an agent-in-charge identification card; 2866 (j)Conviction of a felony offense in accordance with or 2867 any incident listed in this chapter or rules following the 2868 issuance of an agent-in-charge identification card; 2869 (k)Dispensing to purchasers in amounts above the limits 2870 provided in this chapter; or 2871 (l)Delinquency in filing any required tax returns or 2872 paying any amounts owed to the state. 2873 566.20485Security. 2874 (1)A dispensing organization shall implement security 2875 measures to deter and prevent entry into the facility and theft 2876 of cannabis or currency. 2877 (2)A dispensing organization shall submit any changes to 2878 the floor plan or security plan to the department for 2879 preapproval. All cannabis shall be maintained and stored in a 2880 restricted access area during construction. 2881 (3)The dispensing organization shall implement security 2882 measures to protect the premises, purchasers, and dispensing 2883 organization agents, including, but not limited to, measures 2884 that: 2885 (a)Establish a locked door or barrier between the 2886 facilitys entrance and the limited access area. 2887 (b)Prevent individuals from remaining on the premises if 2888 they are not engaging in activity authorized by this chapter or 2889 rules adopted pursuant thereto. 2890 (c)Develop a policy that addresses the maximum capacity 2891 and purchaser flow in the waiting rooms and limited access 2892 areas. 2893 (d)Dispose of cannabis in accordance with this chapter and 2894 rules adopted pursuant thereto. 2895 (e)During the hours of operation, store and dispense all 2896 cannabis from the restricted access area. During operational 2897 hours, cannabis shall be stored in an enclosed locked room or 2898 cabinet and accessible only to specifically authorized 2899 dispensing organization agents. 2900 (f)When the dispensary is closed, store all cannabis and 2901 currency in a reinforced vault room in the restricted access 2902 area and in a manner as to prevent diversion, theft, or loss. 2903 (g)Keep the reinforced vault room and any other equipment 2904 or cannabis storage areas securely locked and protected from 2905 unauthorized entry. 2906 (h)Keep an electronic daily log of dispensing organization 2907 agents with access to the reinforced vault room and knowledge of 2908 the access code or combination. 2909 (i)Keep all locks and security equipment in good working 2910 order. 2911 (j)Maintain an operational security and alarm system at 2912 all times. 2913 (k)Prohibit keys, if applicable, from being left in the 2914 locks, or stored or placed in a location accessible to persons 2915 other than specifically authorized personnel. 2916 (l)Prohibit accessibility of security measures, including 2917 combination numbers, passwords, or electronic or biometric 2918 security systems, to persons other than specifically authorized 2919 dispensing organization agents. 2920 (m)Ensure that the dispensary interior and exterior 2921 premises are sufficiently lit to facilitate surveillance. 2922 (n)Ensure that trees, bushes, and other foliage outside of 2923 the dispensary premises do not allow for a person or persons to 2924 conceal themselves from sight. 2925 (o)Develop emergency policies and procedures for securing 2926 all product and currency following any instance of diversion, 2927 theft, or loss of cannabis, and conduct an assessment to 2928 determine whether additional safeguards are necessary. 2929 (p)Develop sufficient additional safeguards in response to 2930 any special security concerns, or as required by the department. 2931 (4)The department may request or approve alternative 2932 security provisions that it determines are an adequate 2933 substitute for a security requirement specified in this chapter. 2934 Any additional protections may be considered by the department 2935 in evaluating overall security measures. 2936 (5)A dispensing organization may share premises with a 2937 craft grower or an infuser organization, or both, provided each 2938 licensee stores currency and cannabis or cannabis-infused 2939 products in a separate secured vault to which the other licensee 2940 does not have access or all licensees sharing a vault share more 2941 than 50 percent of the same ownership. 2942 (6)A dispensing organization shall provide additional 2943 security as needed and in a manner appropriate for the community 2944 where it operates. 2945 (7)All restricted access areas must: 2946 (a)Be identified by the posting of a sign that is a 2947 minimum of 12 inches by 12 inches and that states Do Not Enter 2948 - Restricted Access Area - Authorized Personnel Only in 2949 lettering no smaller than one inch in height. 2950 (b)Be clearly described in the floor plan of the premises, 2951 in the form and manner determined by the department, reflecting 2952 walls, partitions, counters, and all areas of entry and exit. 2953 The floor plan must show all storage, disposal, and retail sales 2954 areas. 2955 (c)Be secure, with locking devices that prevent access 2956 from the limited access areas. 2957 (8)(a)A dispensing organization must have an adequate 2958 security plan and security system to prevent and detect 2959 diversion, theft, or loss of cannabis, currency, or unauthorized 2960 intrusion using commercial grade equipment installed by a 2961 licensed private alarm contractor or private alarm contractor 2962 agency which shall, at a minimum, include: 2963 1.A perimeter alarm on all entry points and glass break 2964 protection on perimeter windows. 2965 2.Security shatterproof tinted film on exterior windows. 2966 3.A failure notification system that provides an audible, 2967 text, or visual notification of any failure in the surveillance 2968 system, including, but not limited to, panic buttons, alarms, 2969 and video monitoring systems. The failure notification system 2970 shall provide an alert to designated dispensing organization 2971 agents within 5 minutes after the failure, either by telephone 2972 or text message. 2973 4.A duress alarm, panic button, and alarm, or holdup alarm 2974 and after-hours intrusion detection alarm that by design and 2975 purpose will directly or indirectly notify, by the most 2976 efficient means, the public safety answering point for the law 2977 enforcement agency having primary jurisdiction. 2978 5.Security equipment to deter and prevent unauthorized 2979 entrance into the dispensary, including electronic door locks on 2980 the limited and restricted access areas which include devices or 2981 a series of devices to detect unauthorized intrusion which may 2982 include a signal system interconnected with a radio frequency 2983 method, cellular, private radio signals or other mechanical or 2984 electronic device. 2985 (b)All security system equipment and recordings shall be 2986 maintained in good working order, in a secure location so as to 2987 prevent theft, loss, destruction, or alterations. 2988 (c)Access to surveillance monitoring recording equipment 2989 shall be limited to persons who are essential to surveillance 2990 operations, law enforcement authorities acting within their 2991 jurisdiction, security system service personnel, and the 2992 department. A current list of authorized dispensing organization 2993 agents and service personnel that have access to the 2994 surveillance equipment must be available to the department upon 2995 request. 2996 (d)All security equipment shall be inspected and tested at 2997 regular intervals, not to exceed 1 month from the previous 2998 inspection, and tested to ensure the systems remain functional. 2999 (e)The security system shall provide protection against 3000 theft and diversion that is facilitated or hidden by tampering 3001 with computers or electronic records. 3002 (f)The dispensary shall ensure all access doors are not 3003 solely controlled by an electronic access panel to ensure that 3004 locks are not released during a power outage. 3005 (9)To monitor the dispensary, the dispensing organization 3006 shall incorporate continuous electronic video monitoring 3007 including the following: 3008 (a)All monitors must be 19 inches or greater. 3009 (b)Unobstructed video surveillance of all enclosed 3010 dispensary areas, unless prohibited by law, including all points 3011 of entry and exit that shall be appropriate for the normal 3012 lighting conditions of the area under surveillance. The cameras 3013 shall be directed so all areas are captured, including, but not 3014 limited to, safes, vaults, sales areas, and areas where cannabis 3015 is stored, handled, dispensed, or destroyed. Cameras shall be 3016 angled to allow for facial recognition and the capture of clear 3017 and certain identification of any person entering or exiting the 3018 dispensary area and in lighting sufficient during all times of 3019 night or day. 3020 (c)Unobstructed video surveillance of outside areas, the 3021 storefront, and the parking lot, which shall be appropriate for 3022 the normal lighting conditions of the area under surveillance. 3023 Cameras shall be angled so as to allow for the capture of facial 3024 recognition, clear and certain identification of any person 3025 entering or exiting the dispensary and the immediate surrounding 3026 area, and license plates of vehicles in the parking lot. 3027 (d)Twenty-four hour recordings from all video cameras 3028 available for immediate viewing by the department upon request. 3029 Recordings may not be destroyed or altered and shall be retained 3030 for at least 90 days. Recordings shall be retained as long as 3031 necessary if the dispensing organization is aware of the loss or 3032 theft of cannabis or a pending criminal, civil, or 3033 administrative investigation or legal proceeding for which the 3034 recording may contain relevant information. 3035 (e)The ability to immediately produce a clear, color still 3036 photo from the surveillance video, either live or recorded. 3037 (f)A date and time stamp embedded on all video 3038 surveillance recordings. The date and time shall be synchronized 3039 and set correctly and may not significantly obscure the picture. 3040 (g)The ability to remain operational during a power outage 3041 and ensure all access doors are not solely controlled by an 3042 electronic access panel to ensure that locks are not released 3043 during a power outage. 3044 (h)All video surveillance equipment shall allow for the 3045 exporting of still images in an industry standard image format, 3046 including .jpg, .bmp, and .gif. Exported video shall have the 3047 ability to be archived in a proprietary format that ensures 3048 authentication of the video and guarantees that no alteration of 3049 the recorded image has taken place. Exported video shall also 3050 have the ability to be saved in an industry standard file format 3051 that can be played on a standard computer operating system. All 3052 recordings shall be erased or destroyed before disposal. 3053 (i)The video surveillance system shall be operational 3054 during a power outage with a 4-hour minimum battery backup. 3055 (j)A video camera or cameras recording at each point-of 3056 sale location allowing for the identification of the dispensing 3057 organization agent distributing the cannabis and any purchaser. 3058 The camera or cameras shall capture the sale, the individuals 3059 and the computer monitors used for the sale. 3060 (k)A failure notification system that provides an audible 3061 and visual notification of any failure in the electronic video 3062 monitoring system. 3063 (l)All electronic video surveillance monitoring must 3064 record at least the equivalent of 8 frames per second and be 3065 available as recordings to the department and the Department of 3066 Law Enforcement 24 hours a day via a secure web-based portal 3067 with reverse functionality. 3068 (10)The requirements contained in this chapter are minimum 3069 requirements for operating a dispensing organization. The 3070 department may establish additional requirements by rule. 3071 566.2049Recordkeeping. 3072 (1)Dispensing organization records must be maintained 3073 electronically for 3 years and be available for inspection by 3074 the department upon request. Required written records include, 3075 but are not limited to, the following: 3076 (a)Operating procedures. 3077 (b)Inventory records, policies, and procedures. 3078 (c)Security records. 3079 (d)Audit records. 3080 (e)Staff training plans and completion documentation. 3081 (f)Staffing plan. 3082 (g)Business records, including, but not limited to: 3083 1.Assets and liabilities. 3084 2.Monetary transactions. 3085 3.Written or electronic accounts, including bank 3086 statements, journals, ledgers, and supporting documents, 3087 agreements, checks, invoices, receipts, and vouchers. 3088 4.Any other financial accounts reasonably related to the 3089 dispensary operations. 3090 (2)Storage and transfer of records. If a dispensary closes 3091 due to insolvency, revocation, bankruptcy, or for any other 3092 reason, all records must be preserved at the expense of the 3093 dispensing organization for at least 3 years in a form and 3094 location in this state acceptable to the department. The 3095 dispensing organization shall keep the records longer if 3096 requested by the department. The dispensing organization shall 3097 notify the department of the location where the dispensary 3098 records are stored or to which they are transferred. 3099 566.205Closure of a dispensary. 3100 (1)If a dispensing organization decides not to renew its 3101 license or decides to close its business, it shall promptly 3102 notify the department not less than 3 months before the 3103 effective date of the closing date or as otherwise authorized by 3104 the department. 3105 (2)The dispensing organization shall work with the 3106 department to develop a closure plan that addresses, at a 3107 minimum, the transfer of business records, transfer of cannabis 3108 products, and anything else the department finds necessary. 3109 566.206Investigations. 3110 (1)Dispensing organizations are subject to random and 3111 unannounced dispensary inspections and cannabis testing by the 3112 department, the Department of Law Enforcement, and local law 3113 enforcement. 3114 (2)The department and its authorized representatives may 3115 enter any place, including a vehicle, in which cannabis is held, 3116 stored, dispensed, sold, produced, delivered, transported, 3117 manufactured, or disposed of and inspect, in a reasonable 3118 manner, the place and all pertinent equipment, containers and 3119 labeling, and all things, including records, files, financial 3120 data, sales data, shipping data, pricing data, personnel data, 3121 research, papers, processes, controls, and facility, and 3122 inventory any stock of cannabis and obtain samples of any 3123 cannabis or cannabis-infused product, any labels or containers 3124 for cannabis, or paraphernalia. 3125 (3)The department may conduct an investigation of an 3126 applicant, application, dispensing organization, principal 3127 officer, dispensary agent, third party vendor, or other party 3128 associated with a dispensing organization for an alleged 3129 violation of this chapter or rules or to determine 3130 qualifications to be granted a registration by the department. 3131 (4)The department may require an applicant or holder of 3132 any license issued pursuant to this chapter to produce 3133 documents, records, or any other material pertinent to the 3134 investigation of an application or alleged violations of this 3135 chapter or rules. Failure to provide the required material may 3136 be grounds for denial or discipline. 3137 (5)Every person charged with preparing, obtaining, or 3138 keeping records, logs, reports, or other documents in connection 3139 with this chapter and rules and every person in charge, or 3140 having custody, of those documents shall, upon request by the 3141 department, make the documents immediately available for 3142 inspection and copying by the department, the departments 3143 authorized representative, or others authorized by law to review 3144 the documents. 3145 566.2065Citations.The department may issue 3146 nondisciplinary citations for minor violations. Any such 3147 citation issued by the department may be accompanied by a fee. 3148 The fee may not exceed $20,000 per violation. The citation shall 3149 be issued to the licensee and shall contain the licensees name 3150 and address, the licensees license number, a brief factual 3151 statement, the sections of the law allegedly violated, and the 3152 fee, if any, imposed. The citation must clearly state that the 3153 licensee may choose, in lieu of accepting the citation, to 3154 request a hearing. If the licensee does not dispute the matter 3155 in the citation with the department within 30 days after the 3156 citation is served, the citation becomes final and is not 3157 subject to appeal. The penalty shall be a fee or other 3158 conditions as established by rule. 3159 566.2068Grounds for discipline. 3160 (1)The department may deny issuance, refuse to renew or 3161 restore, or reprimand, place on probation, suspend, revoke, or 3162 take other disciplinary or nondisciplinary action against any 3163 license or agent identification card or may impose a fine for 3164 any of the following: 3165 (a)Material misstatement in furnishing information to the 3166 department. 3167 (b)Any violation of this chapter or rules adopted pursuant 3168 thereto. 3169 (c)Obtaining an authorization or license by fraud or 3170 misrepresentation. 3171 (d)A pattern of conduct that demonstrates incompetence or 3172 that the applicant has engaged in conduct or actions that would 3173 constitute grounds for discipline under this chapter. 3174 (e)Aiding or assisting another person in violating any 3175 provision of this chapter or rules. 3176 (f)Failing to respond to a written request for information 3177 by the department within 30 days. 3178 (g)Engaging in unprofessional, dishonorable, or unethical 3179 conduct of a character likely to deceive, defraud, or harm the 3180 public. 3181 (h)Adverse action by another United States jurisdiction or 3182 foreign nation. 3183 (i)A finding by the department that the licensee, after 3184 having his or her license placed on suspended or probationary 3185 status, has violated the terms of the suspension or probation. 3186 (j)Conviction, entry of a plea of guilty or nolo 3187 contendere, or the equivalent in a state or federal court of a 3188 principal officer or agent-in-charge of a felony offense. 3189 (k)Excessive use or addiction to alcohol, narcotics, 3190 stimulants, or any other chemical agent or drug. 3191 (l)A finding by the department of a discrepancy in a 3192 department audit of cannabis. 3193 (m)A finding by the department of a discrepancy in a 3194 department audit of capital or funds. 3195 (n)A finding by the department of acceptance of cannabis 3196 from a source other than an adult use cultivation center, craft 3197 grower, infuser, or transporting organization licensed by the 3198 department, or a dispensing organization licensed by the 3199 department. 3200 (o)An inability to operate using reasonable judgment, 3201 skill, or safety due to physical or mental illness or other 3202 impairment or disability, including, without limitation, 3203 deterioration through the aging process or loss of motor skills 3204 or mental incompetence. 3205 (p)Failing to report to the department within the time 3206 frames established, or, if not identified, 14 days, after any 3207 adverse action taken against the dispensing organization or an 3208 agent by a licensing jurisdiction in any state or any territory 3209 of the United States or any foreign jurisdiction, any 3210 governmental agency, any law enforcement agency, or any court. 3211 (q)Any violation of the dispensing organizations policies 3212 and procedures submitted to the department annually as a 3213 condition for licensure. 3214 (r)Failure to inform the department of any change of 3215 address within 10 business days. 3216 (s)Disclosing customer names, personal information, or 3217 protected health information in violation of any state or 3218 federal law. 3219 (t)Operating a dispensary before obtaining a license from 3220 the department. 3221 (u)Performing duties authorized by this chapter before 3222 receiving a license to perform such duties. 3223 (v)Dispensing cannabis when prohibited by this chapter or 3224 rules. 3225 (w)Any fact or condition that, if it had existed at the 3226 time of the original application for the license, would have 3227 warranted the denial of the license. 3228 (x)Permitting a person without a valid agent 3229 identification card to perform licensed activities under this 3230 chapter. 3231 (y)Failure to assign an agent-in-charge as required by 3232 this chapter. 3233 (z)Failure to provide the responsible vendor training 3234 required by s. 566.2033(9)(c) within the provided timeframe. 3235 (aa)Personnel insufficient in number or unqualified in 3236 training or experience to properly operate the dispensary 3237 business. 3238 (bb)Any pattern of activity that causes a harmful impact 3239 on the community. 3240 (cc)Failing to prevent diversion, theft, or loss of 3241 cannabis. 3242 (2)All fines and fees imposed under this section shall be 3243 paid within 60 days after the effective date of the order 3244 imposing the fine or as otherwise specified in the order. 3245 (3)A circuit court order establishing that an agent-in 3246 charge or principal officer holding an agent identification card 3247 is subject to involuntary admission shall operate as a 3248 suspension of that card. 3249 566.2069Temporary suspension. 3250 (1)The department may temporarily suspend a dispensing 3251 organization license or an agent registration without a hearing 3252 if the department finds that public safety or welfare requires 3253 emergency action. The department shall cause the temporary 3254 suspension by issuing a suspension notice in connection with the 3255 institution of proceedings for a hearing. 3256 (2)If the department temporarily suspends a license or 3257 agent registration without a hearing, the licensee or agent is 3258 entitled to a hearing within 45 days after the suspension notice 3259 has been issued. The hearing shall be limited to the issues 3260 cited in the suspension notice, unless all parties agree 3261 otherwise. 3262 (3)If the department does not hold a hearing with 45 days 3263 after the date the suspension notice was issued, the suspended 3264 license or registration shall be automatically reinstated and 3265 the suspension vacated. 3266 (4)The suspended licensee or agent may seek a continuance 3267 of the hearing date, during which time the suspension remains in 3268 effect and the license or registration may not be automatically 3269 reinstated. 3270 (5)Subsequently discovered causes of action by the 3271 department after the issuance of the suspension notice may be 3272 filed as a separate notice of violation. The department is not 3273 precluded from filing a separate action against the suspended 3274 licensee or agent. 3275 566.20695Consent to administrative supervision order.In 3276 appropriate cases, the department may resolve a complaint 3277 against a licensee or agent through the issuance of a consent 3278 order for administrative supervision. A license or agent subject 3279 to a consent order shall be considered by the department to hold 3280 a license or registration in good standing. 3281 566.2072Notice; hearing. 3282 (1)The department shall, before disciplining an applicant 3283 or licensee, at least 30 days before the date set for the 3284 hearing: 3285 (a)Notify the accused in writing of the charges made and 3286 the time and place for the hearing on the charges. 3287 (b)Direct him or her to file a written answer to the 3288 charges under oath within 20 days after service. 3289 (c)Inform the applicant or licensee that failure to answer 3290 will result in a default being entered against the applicant or 3291 licensee. 3292 (2)At the time and place fixed in the notice, the hearing 3293 officer appointed by the department shall proceed to hear the 3294 charges, and the parties or their counsel shall be accorded 3295 ample opportunity to present any pertinent statements, 3296 testimony, evidence, and arguments. The hearing officer may 3297 continue the hearing from time to time. In case the person, 3298 after receiving the notice, fails to file an answer, his or her 3299 license may, in the discretion of the department, having first 3300 received the recommendation of the hearing officer, be 3301 suspended, revoked, or placed on probationary status, or be 3302 subject to whatever disciplinary action the department considers 3303 proper, including a fine, without hearing, if the act or acts 3304 charged constitute sufficient grounds for that action under this 3305 chapter. 3306 (3)The written notice and any notice in the subsequent 3307 proceeding may be served by regular mail or e-mail to the 3308 licensees or applicants address of record. 3309 566.2073Subpoenas; oaths.The department may subpoena and 3310 bring before it any person and take testimony either orally or 3311 by deposition, or both, with the same fees and mileage and in 3312 the same manner as prescribed by law in judicial proceedings in 3313 civil cases in courts in this state. The department or the 3314 hearing officer shall each have the power to administer oaths to 3315 witnesses at any hearings that the department is authorized to 3316 conduct. 3317 566.2074Hearing; motion for rehearing. 3318 (1)The hearing officer shall hear evidence in support of 3319 the formal charges and evidence produced by the licensee. At the 3320 conclusion of the hearing, the hearing officer shall present to 3321 the department a written report of his or her findings of fact, 3322 conclusions of law, and recommendations. 3323 (2)At the conclusion of the hearing, a copy of the hearing 3324 officers report shall be served upon the applicant or licensee 3325 by the department, either personally or as provided in this 3326 chapter for the service of a notice of hearing. Within 20 3327 calendar days after service, the applicant or licensee may 3328 present in writing to the department a motion for rehearing, 3329 which must specify the particular grounds for rehearing. The 3330 department may respond to the motion for rehearing within 20 3331 calendar days after its service on the department. If a motion 3332 for rehearing is not filed, upon the expiration of the time 3333 specified for filing such motion or upon denial of a motion for 3334 rehearing, the department may enter an order in accordance with 3335 the recommendation of the hearing officer. If the applicant or 3336 licensee orders from the reporting service and pays for a 3337 transcript of the record within the time for filing a motion for 3338 rehearing, the 20-day period within which a motion may be filed 3339 commences upon the delivery of the transcript to the applicant 3340 or licensee. 3341 (3)If the department disagrees with any aspect of the 3342 report of the hearing officer, the department may issue an order 3343 contrary to the report. 3344 (4)Whenever the department is not satisfied that 3345 substantial justice has been done, the department may order a 3346 rehearing by the same or another hearing officer. 3347 (5)At any point in an investigation or a disciplinary 3348 proceeding under in this chapter, both parties may agree to a 3349 negotiated consent order. The consent order must be final upon 3350 signature of the secretary. 3351 566.301Issuance of adult use cultivation center licenses. 3352 On or after July 1, 2022, the department by rule may: 3353 (1)Modify or change the number of adult use cultivation 3354 center licenses available, which at no time may exceed 30 adult 3355 use cultivation center licenses. In determining whether to 3356 exercise the authority granted under this subsection, the 3357 department must consider all of the following factors: 3358 (a)The percentage of cannabis sales occurring in this 3359 state using the best available data to ascertain total cannabis 3360 consumption in this state compared to the amount of sales in 3361 licensed dispensing organizations. 3362 (b)Whether there is an adequate supply of cannabis and 3363 cannabis-infused products to serve registered qualified 3364 patients. 3365 (c)Whether there is an adequate supply of cannabis and 3366 cannabis-infused products to serve purchasers. 3367 (d)Whether there is an oversupply of cannabis in this 3368 state leading to trafficking of cannabis to any other state. 3369 (e)Population increases or shifts. 3370 (f)Changes to federal law. 3371 (g)The past security records of cultivation centers. 3372 (h)The departments capacity to appropriately regulate 3373 additional licensees. 3374 (i)Any other criteria the department deems relevant. 3375 (2)Modify or change the licensing application process to 3376 reduce or eliminate the barriers to entry and remedy evidence of 3377 discrimination. 3378 566.3011Early approval of adult use cultivation center 3379 license. 3380 (1)Any medical marijuana treatment center licensed and in 3381 good standing as of July 1, 2022, may, after September 1, 2022, 3382 but no later than December 31, 2022, apply to the department for 3383 an early approval adult use cultivation center license to 3384 produce cannabis and cannabis-infused products at its existing 3385 facilities as of July 1, 2022. 3386 (2)A medical marijuana treatment center seeking issuance 3387 of an early approval adult use cultivation center license shall 3388 submit an application on forms provided by the department. The 3389 application must meet the following requirements and include the 3390 following information, as applicable: 3391 (a)Payment of a nonrefundable application fee as provided 3392 in s. 566.801 to be deposited into the Alcoholic Beverage, 3393 Marijuana, and Tobacco Trust Fund. 3394 (b)Proof of licensure as a medical marijuana treatment 3395 center which is in good standing. 3396 (c)Submission of the application by the same person or 3397 entity that holds the medical marijuana treatment center 3398 license. 3399 (d)Certification that the applicant will comply with the 3400 requirements of s. 566.3016. 3401 (e)The legal name of the cultivation center. 3402 (f)The physical address of the cultivation center. 3403 (g)The name, address, social security number, and date of 3404 birth of each principal officer and board member of the 3405 cultivation center, each of whom must be at least 21 years of 3406 age. 3407 (h)Payment of the nonrefundable cannabis business 3408 development fee as provided in s. 566.801, to be deposited into 3409 the Cannabis Business Development Fund. 3410 (i)A commitment to completing one of the following social 3411 equity inclusion plans before the expiration of the early 3412 approval adult use cultivation center license: 3413 1.Making a contribution as provided in s. 566.801 to one 3414 of the following: 3415 a.The Cannabis Business Development Fund. This is in 3416 addition to the fee required by paragraph (h). 3417 b.A cannabis industry training or education program at a 3418 Florida College System institution as defined in s. 1000.21. 3419 c.A program that provides job training services to persons 3420 recently incarcerated or that operates in a disproportionately 3421 impacted area. 3422 2.Participate as a host for at least 1 year in a cannabis 3423 business incubator program approved by the Department of 3424 Economic Opportunity in which an early approval adult use 3425 cultivation center licensee agrees to provide a loan of at least 3426 $100,000 and mentorship to incubate a licensee that qualifies as 3427 a social equity applicant. As used in this section, the term 3428 incubate means to provide direct financial assistance and 3429 training necessary to engage in licensed cannabis industry 3430 activity similar to that of the host licensee. The early 3431 approval adult use cultivation center licenseholder or the same 3432 entity holding any other licenses issued pursuant to this 3433 chapter may not take an ownership stake of greater than 10 3434 percent in any business receiving incubation services to comply 3435 with this subsection. If an early approval adult use cultivation 3436 center licensee fails to identify an incubation partner before 3437 its early approval adult use cultivation center license expires, 3438 the licensee may opt to meet the requirements of this paragraph 3439 by completing another item from this subsection before the 3440 expiration of its early approval adult use cultivation center 3441 license to avoid a penalty. 3442 (3)An early approval adult use cultivation center license 3443 is valid until March 31, 2024. A cultivation center that obtains 3444 an early approval adult use cultivation center license must be 3445 given at least 90 days advance written or electronic notice of 3446 the expiration of the license, which must inform the licensee 3447 that it may renew its early approval adult use cultivation 3448 center license. The department shall grant a renewal of an early 3449 approval adult use cultivation center license within 60 days 3450 after submission of an application if: 3451 (a)The cultivation center submits an application and the 3452 required renewal fee as provided in s. 566.801 for an early 3453 approval adult use cultivation center license. 3454 (b)The department has not suspended or revoked the license 3455 of the cultivation center for violating this chapter or rules 3456 adopted under this chapter. 3457 (c)The cultivation center has complied with paragraph 3458 (2)(i). 3459 (d)An early approval adult use cultivation center license 3460 renewed pursuant to this subsection expires March 31, 2025. The 3461 early approval adult use cultivation center licensee must be 3462 given at least 90 days advance written or electronic notice 3463 that the license will expire, which must inform the licensee 3464 that it may apply for an adult use cultivation center license. 3465 The department shall grant an adult use dispensing organization 3466 license within 60 days after it deems an application complete if 3467 the applicant meets all of the criteria in s. 566.3014. 3468 (4)The license fee under paragraph (3)(a) is in addition 3469 to any license fee required for the renewal of a medical 3470 marijuana treatment center license that expires during the 3471 effective period of the early approval adult use cultivation 3472 center license. 3473 (5)Applicants must submit all required information, 3474 including that required by subsection (2), to the department. 3475 Failure by an applicant to submit all such information may 3476 result in the application being disqualified. 3477 (6)If the department receives an application that is 3478 missing information, the department may issue a deficiency 3479 notice to the applicant. The applicant has 10 calendar days 3480 after the date of the deficiency notice to submit the missing 3481 information. Applications that are still incomplete after this 3482 opportunity to cure may be disqualified. 3483 (7)If an applicant meets the requirements of subsection 3484 (2), the department shall issue the early approval adult use 3485 cultivation center license within 14 days after receiving the 3486 application unless any of the following applies: 3487 (a)The licensee; a principal officer, a board member, or a 3488 person having a financial or voting interest of 5 percent or 3489 greater in the licensee; or an agent is delinquent in filing any 3490 required tax returns or paying any amounts owed to the state. 3491 (b)The department determines there is reason to conclude, 3492 based on the number of documented compliance violations, that 3493 the licensee is not entitled to an early approval adult use 3494 cultivation center license. 3495 (c)The licensee fails to comply with requirements related 3496 to the social equity inclusion plan under paragraph (2)(i). 3497 (8)A cultivation center may begin producing cannabis and 3498 cannabis-infused products once the early approval adult use 3499 cultivation center license is approved. A cultivation center 3500 that obtains an early approval adult use cultivation center 3501 license may begin selling cannabis and cannabis-infused products 3502 on December 1, 2022. 3503 (9)An early approval adult use cultivation center licensee 3504 must continue to produce and provide an adequate supply of 3505 cannabis and cannabis-infused products for purchase by qualified 3506 patients and caregivers. For the purposes of this subsection, 3507 the term adequate supply means a monthly production level that 3508 is comparable in type and quantity to those medical cannabis 3509 products produced for patients and caregivers on an average 3510 monthly basis for the 6 months before July 1, 2022. 3511 (10)If there is a shortage of cannabis or cannabis-infused 3512 products, a licensee shall prioritize qualified patients and 3513 caregivers under s. 381.986 over adult use purchasers. 3514 (11)If an early approval adult use cultivation center 3515 licensee fails to submit an application for an adult use 3516 cultivation center license before the expiration of the early 3517 approval adult use cultivation center license as provided in 3518 subsection (3), the cultivation center must cease adult use 3519 cultivation until it receives an adult use cultivation center 3520 license. 3521 (12)If a cultivation center licensee also holds a medical 3522 marijuana treatment center license issued under s. 381.986, the 3523 department may suspend or revoke the medical marijuana treatment 3524 center license concurrently with the early approval adult use 3525 cultivation center license. 3526 (13)All fees or fines collected from an early approval 3527 adult use cultivation center licensee as a result of a 3528 disciplinary action taken in connection with the enforcement of 3529 this chapter must be deposited into the Alcoholic Beverage, 3530 Marijuana, and Tobacco Trust Fund. 3531 566.3012Conditional adult use cultivation center 3532 application. 3533 (1)If the department makes available additional 3534 cultivation center licenses, applicants for a conditional adult 3535 use cultivation center license must electronically submit the 3536 following in such form as the department may direct: 3537 (a)The nonrefundable application fee established by 3538 department rule, to be deposited into the Alcoholic Beverage, 3539 Marijuana, and Tobacco Trust Fund. 3540 (b)The legal name of the cultivation center. 3541 (c)The proposed physical address of the cultivation 3542 center. 3543 (d)The name, address, social security number, and date of 3544 birth of each principal officer and board member of the 3545 cultivation center, each of whom must be at least 21 years of 3546 age. 3547 (e)The details of any administrative or judicial 3548 proceeding in which any of the principal officers or board 3549 members of the cultivation center pled guilty, were convicted, 3550 were fined, or had a registration or license suspended or 3551 revoked, or managed or served on the board of a business or 3552 nonprofit organization that pled guilty, was convicted, was 3553 fined, or had a registration or license suspended or revoked. 3554 (f)Proposed operating bylaws that include procedures for 3555 the oversight of the cultivation center, including the 3556 development and implementation of a plant monitoring system, 3557 accurate recordkeeping, a staffing plan, and a security plan 3558 approved by the Department of Law Enforcement which are in 3559 accordance with department rule. A cultivation center shall 3560 perform a physical inventory of all plants and cannabis on a 3561 weekly basis by the cultivation center. 3562 (g)Verification from the Department of Law Enforcement 3563 that all background checks of the prospective principal 3564 officers, board members, and agents of the cannabis business 3565 establishment have been conducted. 3566 (h)A copy of any applicable current local zoning ordinance 3567 or permit and verification that the proposed cultivation center 3568 is in compliance with the local zoning rules and any distance 3569 limitations established by the local jurisdiction. 3570 (i)Proposed employment practices, in which the applicant 3571 must demonstrate a plan of action to inform, hire, and educate 3572 minorities, women, veterans, and persons with disabilities; 3573 engage in fair labor practices; and provide worker protections. 3574 (j)A statement as to whether an applicant can demonstrate 3575 experience in, or business practices that promote, economic 3576 empowerment in disproportionately impacted areas. 3577 (k)Experience with the cultivation of agricultural or 3578 horticultural products or operating an agricultural or 3579 horticultural business. 3580 (l)A description of the enclosed, locked facility where 3581 cannabis will be grown, harvested, manufactured, processed, 3582 packaged, or otherwise prepared for distribution to a dispensing 3583 organization. 3584 (m)A survey of the enclosed, locked facility, including 3585 the space used for cultivation. 3586 (n)Cultivation, processing, inventory, and packaging 3587 plans. 3588 (o)A description of the applicants experience with 3589 agricultural cultivation techniques and industry standards. 3590 (p)A list of any academic degrees, certifications, or 3591 relevant experience of all prospective principal officers, board 3592 members, and agents of the cultivation center. 3593 (q)The name and address of each person having a financial 3594 or voting interest of 5 percent or greater in the cultivation 3595 center operation with respect to which the license is sought, 3596 whether a trust, corporation, partnership, limited liability 3597 company, or sole proprietorship. 3598 (r)A plan describing how the cultivation center will 3599 address each of the following: 3600 1.Energy needs, including estimates of monthly electricity 3601 and gas usage; the extent to which it will procure energy from a 3602 local utility or from on-site generation; and if it has adopted 3603 or will adopt a sustainable energy use and energy conservation 3604 policy. 3605 2.Water needs, including estimated water draw, and if it 3606 has adopted or will adopt a sustainable water use and water 3607 conservation policy. 3608 3.Waste management, including if it has adopted or will 3609 adopt a waste reduction policy. 3610 (s)A diversity plan that includes a narrative of not more 3611 than 2,500 words which establishes a goal of diversity in 3612 ownership, management, employment, and contracting to ensure 3613 that diverse participants and groups are afforded equality of 3614 opportunity. 3615 (t)A recycling plan that includes requirements that: 3616 1.Purchaser packaging, including cartridges, be accepted 3617 by the applicant and recycled. 3618 2.Any recyclable waste generated by the cannabis 3619 cultivation facility be recycled per applicable state and local 3620 laws, ordinances, and rules. 3621 3.Any cannabis waste, liquid waste, or hazardous waste be 3622 disposed of so that, to the greatest extent feasible, all 3623 cannabis plant waste will be rendered unusable by grinding and 3624 incorporating the cannabis plant waste with compostable mixed 3625 waste. 3626 (u)A commitment to remain in compliance with applicable 3627 state and federal environmental requirements, including: 3628 1.Storing, securing, and managing all recyclables and 3629 waste, including organic waste composed of or containing 3630 finished cannabis and cannabis products, in accordance with 3631 applicable state and local laws, ordinances, and rules. 3632 2.Disposing liquid waste containing cannabis or byproducts 3633 of cannabis processing in compliance with all applicable state 3634 and federal requirements, including the cannabis cultivation 3635 facilitys permits under the Environmental Protection Act. 3636 (v)A commitment to a technology standard for resource 3637 efficiency of the cultivation center facility. 3638 1.A cannabis cultivation facility must commit to use 3639 resources, including energy and water, efficiently. A cannabis 3640 cultivation facility must commit to meet or exceed the 3641 technology standard identified for the following, which may be 3642 modified by rule: 3643 a.Lighting systems, including light bulbs. 3644 b.HVAC system. 3645 c.Water application system to the crop. 3646 d.Filtration system for removing contaminants from 3647 wastewater. 3648 2.The lighting power densities (LPD) for cultivation space 3649 may not exceed an average of 36 watts per gross square foot of 3650 active and growing space canopy, or all installed lighting 3651 technology must meet a photosynthetic photon efficacy (PPE) of 3652 no less than 2.2 micromoles per joule fixture and must be 3653 included on the DesignLights Consortium (DLC) Horticultural 3654 Specification Qualified Products List (QPL). In the event that 3655 DLC requirement for minimum efficacy exceeds 2.2 micromoles per 3656 joule fixture, that PPE must become the new standard. 3657 3.a.For cannabis grow operations with less than 6,000 3658 square feet of canopy, the licensee must commit that all HVAC 3659 units will be high-efficiency, ductless, split HVAC units, or 3660 other more energy efficient equipment. 3661 b.For cannabis grow operations with 6,000 square feet of 3662 canopy or more, the licensee must commit that all HVAC units 3663 will be variable-refrigerant-flow HVAC units, or other more 3664 energy efficient equipment. 3665 4.a.The cannabis cultivation facility must commit to the 3666 use of automated watering systems, including drip irrigation and 3667 flood tables, to irrigate cannabis crop. 3668 b.The cannabis cultivation facility must commit to measure 3669 runoff from watering events and report this volume in its water 3670 usage plan, and that on average, watering events will produce no 3671 more than 20 percent of runoff of water. 3672 5.The cultivator must commit that HVAC condensate, 3673 dehumidification water, excess runoff, and other wastewater 3674 produced by the cannabis cultivation facility will be captured 3675 and filtered to the best of the facilitys ability to achieve 3676 the quality needed to be reused in subsequent watering rounds. 3677 6.The cannabis cultivation facility must commit to 3678 reporting energy use and efficiency as required by department 3679 rule. 3680 (w)Any other information required by rule. 3681 (2)Applicants must submit all required information to the 3682 department. Failure by an applicant to submit all required 3683 information may result in the application being disqualified. 3684 (3)If the department receives an incomplete application, 3685 the department may issue a deficiency notice to the applicant. 3686 The applicant has 10 calendar days after the date of the 3687 deficiency notice to resubmit the application to cure the 3688 deficiency. Applications that are still incomplete after this 3689 opportunity to cure will not be scored and must be disqualified. 3690 (4)A cultivation center that is awarded a conditional 3691 adult use cultivation center license may not grow, purchase, 3692 possess, or sell cannabis or cannabis-infused products until it 3693 has received an adult use cultivation center license issued by 3694 the department. 3695 566.3013Conditional adult use cultivation center license; 3696 scoring applications. 3697 (1)The department shall by rule develop a system to score 3698 cultivation center applications to administratively rank 3699 applications based on the clarity, organization, and quality of 3700 the applicants responses to required information. Applicants 3701 shall be awarded points based on the following categories: 3702 (a)Suitability of the proposed facility. 3703 (b)Suitability of employee training plan. 3704 (c)Security and recordkeeping. 3705 (d)Cultivation plan. 3706 (e)Product safety and labeling plan. 3707 (f)Business plan. 3708 (g)The applicants status as a social equity applicant, 3709 which constitutes at least 20 percent of total available points. 3710 (h)Labor and employment practices, which constitute no 3711 less than 2 percent of total available points. 3712 (i)Environmental plan as described in s. 566.3012(1)(u), 3713 (v), and (w). 3714 (j)Whether at least 51 percent of the applicant business 3715 is owned and controlled by an individual or individuals who have 3716 been residents of this state for the past 5 years as proved by 3717 tax records. 3718 (k)Whether at least 51 percent of the applicant business 3719 is owned and controlled by an individual or individuals who meet 3720 the qualifications of a veteran as defined s. 1.01(14). 3721 (l)An applicants diversity plan that includes a narrative 3722 of not more than 2,500 words that establishes a goal of 3723 diversity in ownership, management, employment, and contracting 3724 to ensure that diverse participants and groups are afforded 3725 equality of opportunity. 3726 (m)Any other category the department may set by rule for 3727 points. 3728 (2)If the department receives more than one application 3729 for the same BLS region which receive an equal score, it may 3730 award bonus points to applicants for their plans to engage with 3731 the community. 3732 (3)If an applicant is awarded a cultivation center 3733 license, the information and plans that the applicant provided 3734 in its application, including any plans submitted for the 3735 acquiring of bonus points, become a mandatory condition of the 3736 license. Any variation from or failure to perform such plans may 3737 result in discipline, including the revocation or nonrenewal of 3738 a license. 3739 (4)If an applicant is awarded a cultivation center 3740 license, it shall pay a fee as provided in s. 566.801 before 3741 receiving the license, to be deposited into the Alcoholic 3742 Beverage, Marijuana, and Tobacco Trust Fund. 3743 566.3014Adult use cultivation center license. 3744 (1)A person or entity is eligible to receive an adult use 3745 cultivation center license only if the person or entity has 3746 first been awarded a conditional adult use cultivation center 3747 license pursuant to this chapter or the person or entity has 3748 renewed its early approval cultivation center license. 3749 (2)The department may not issue an adult use cultivation 3750 center license until: 3751 (a)The department has inspected the cultivation center 3752 site and proposed operations and verified that they are in 3753 compliance with this chapter and local zoning laws. 3754 (b)The conditional adult use cultivation center licensee 3755 has paid a registration fee as provided in s. 566.801 or a 3756 prorated amount that takes into account the period of time 3757 between issuance of the adult use cultivation center license and 3758 March 31 of the next even-numbered year. 3759 (c)The conditional adult use cultivation center licensee 3760 has met all the requirements in this chapter and department 3761 rule. 3762 566.3015Denial of application.An application for a 3763 cultivation center license must be denied if any of the 3764 following conditions is met: 3765 (1)The applicant failed to submit the materials 3766 required by this chapter. 3767 (2)The applicant, if granted a license to operate a 3768 cultivation center, would violate local zoning rules. 3769 (3)One or more of the prospective principal officers or 3770 board members commits or causes a violation of s. 566.3016. 3771 (4)One or more of the principal officers or board members 3772 is younger than 21 years of age. 3773 (5)The person has submitted an application for a permit 3774 under this chapter which contains false information. 3775 (6)The licensee, a principal officer, a board member, or a 3776 person having a financial or voting interest of 5 percent or 3777 greater in the licensee, or the agent, is delinquent in filing 3778 any required tax returns or paying any amounts owed to the 3779 state. 3780 566.3016Cultivation center requirements; 3781 prohibitions. 3782 (1)The operating documents of a cultivation center must 3783 include procedures for the oversight of the cultivation center; 3784 a cannabis plant monitoring system, including a physical 3785 inventory that is recorded weekly; accurate recordkeeping; and a 3786 staffing plan. 3787 (2)A cultivation center shall implement a security plan 3788 reviewed by the Department of Law Enforcement which includes 3789 facility access controls, perimeter intrusion detection systems, 3790 personnel identification systems, and a 24-hour surveillance 3791 system to monitor the interior and exterior of the cultivation 3792 center facility and which provides authorized law enforcement 3793 officers, the department, and the Department of Health with real 3794 time access to parts of the cultivation center where processing 3795 takes place. 3796 (3)All cultivation of cannabis by a cultivation center 3797 must take place in an enclosed, locked facility at the physical 3798 address provided to the department during the licensing process. 3799 Access to the cultivation center location must be limited to the 3800 agents working for the cultivation center; department staff 3801 during the performance of inspections; Department of Health 3802 staff during the performance of inspections; local and state law 3803 enforcement officers or other emergency personnel; contractors 3804 working on jobs unrelated to cannabis, such as installing or 3805 maintaining security devices or performing electrical wiring; 3806 transporting organization agents as provided in this chapter; 3807 individuals in a mentoring or educational program approved by 3808 the state; and other individuals as authorized by department 3809 rule. 3810 (4)A cultivation center may not sell or distribute any 3811 cannabis or cannabis-infused products to any person other than a 3812 dispensing organization, a craft grower, an infusing 3813 organization, or a transporter, or as otherwise authorized by 3814 rule. 3815 (5)A cultivation center may not, directly or indirectly, 3816 discriminate in price between different dispensing 3817 organizations, craft growers, or infuser organizations that are 3818 purchasing a like grade, strain, brand, and quality of cannabis 3819 or cannabis-infused product. This subsection does not prevent a 3820 cultivation center from pricing cannabis differently based on 3821 differences in the cost of manufacturing or processing; the 3822 quantities sold, such as through volume discounts; or the way 3823 the products are delivered. 3824 (6)A record of all cannabis harvested by a cultivation 3825 center and intended for distribution to a dispensing 3826 organization must be entered into a data collection system, 3827 packaged and labeled as required by this chapter, and placed 3828 into a cannabis container for transport. All cannabis harvested 3829 by a cultivation center and intended for distribution to a craft 3830 grower or infuser organization must be packaged in a labeled 3831 cannabis container and entered into a data collection system 3832 before transport. 3833 (7)Cultivation centers are subject to random inspections 3834 by the department, the Department of Health, local safety or 3835 health inspectors, and the Department of Law Enforcement. 3836 (8)A cultivation center agent shall notify local law 3837 enforcement, the Department of Law Enforcement, and the 3838 department within 24 hours after the discovery of any loss or 3839 theft. Notification shall be made by telephone, by written or 3840 electronic communication, or in person. 3841 (9)A cultivation center shall comply with all state and 3842 any applicable federal rules and regulations regarding the use 3843 of pesticides on cannabis plants. 3844 (10)A person or entity may not hold any legal, equitable, 3845 ownership, or beneficial interest, directly or indirectly, of 3846 more than three cultivation centers licensed under this chapter. 3847 Further, a person or entity that is employed by, is an agent of, 3848 has a contract to receive payment in any form from, or is a 3849 principal officer of a cultivation center, or an entity 3850 controlled by or affiliated with a principal officer of a 3851 cultivation center, may not hold any legal, equitable, 3852 ownership, or beneficial interest, directly or indirectly, in a 3853 cultivation center which would result in the person or entity 3854 owning or controlling more than three cultivation center 3855 licenses in combination with any cultivation center, principal 3856 officer of a cultivation center, or entity controlled or 3857 affiliated with a principal officer of a cultivation center that 3858 he, she, or it is employed by, is an agent of, or which it 3859 manages. 3860 (11)A cultivation center may not contain more than 210,000 3861 square feet of canopy space for plants in the flowering stage 3862 for cultivation of adult use cannabis as provided in this 3863 chapter. 3864 (12)A cultivation center may process cannabis, cannabis 3865 concentrates, and cannabis-infused products. Cannabis 3866 concentrate may be made with propylene glycol, glycerin, butter, 3867 olive oil or other typical cooking fats; water, ice, or dry ice; 3868 or butane, propane, carbon dioxide, ethanol, or isopropanol. The 3869 use of any other solvent is expressly prohibited unless approved 3870 by the department. 3871 (13)Beginning July 1, 2023, a cultivation center may not 3872 transport cannabis to a craft grower, a dispensing organization, 3873 an infuser organization, or a laboratory licensed under this 3874 chapter unless it has obtained a transporting organization 3875 license. 3876 (14)It is unlawful for any person having a cultivation 3877 center license, or any officer, associate, member, 3878 representative, or agent of such licensee, to offer or deliver 3879 money, or anything else of value, directly or indirectly, to: 3880 (a)Any person having an early approval adult use 3881 dispensing organization license, a conditional adult use 3882 dispensing organization license, an adult use dispensing 3883 organization license, or a medical marijuana treatment center; 3884 (b)Any person connected with, a family member of a person 3885 holding a license for, or in any way representing an early 3886 approval adult use dispensing organization license, a 3887 conditional adult use dispensing organization license, an adult 3888 use dispensing organization license, or a medical marijuana 3889 treatment center; 3890 (c)Any stockholders in any corporation engaged in the 3891 retail sale of cannabis; or 3892 (d)Any officer, manager, agent, or representative of the 3893 early approval adult use dispensing organization license, a 3894 conditional adult use dispensing organization license, an adult 3895 use dispensing organization license, or a medical marijuana 3896 treatment center, 3897 3898 to obtain preferential placement within the dispensing 3899 organization, including, without limitation, on shelves and in 3900 display cases where purchasers can view products, or on the 3901 dispensing organizations website. 3902 (15)A cultivation center must comply with any other 3903 requirements or prohibitions set by administrative rule of the 3904 department. 3905 566.3017Cultivation center agent identification card. 3906 (1)The department shall: 3907 (a)Establish by rule the information required in an 3908 initial application or renewal application submitted under this 3909 chapter for an agent identification card and the nonrefundable 3910 fee that must accompany the such applications. 3911 (b)Verify the information contained in such applications 3912 and approve or deny an application within 30 days after 3913 receiving a completed application and all supporting 3914 documentation required by rule. 3915 (c)Issue an agent identification card to a qualifying 3916 agent within 15 business days after approving the initial 3917 application or renewal application. 3918 (d)Enter the license number of the cultivation center 3919 where the agent is employed. 3920 (e)Allow for an electronic application process and for 3921 confirmation of submission by electronic or other means. The 3922 department may require by rule that prospective agents file 3923 their applications by electronic means and that notice be 3924 provided by the department to the agents by electronic means. 3925 (2)An agent must keep his or her identification card 3926 visible at all times when on the property of the cultivation 3927 center at which the agent is employed. 3928 (3)The agent identification cards must contain the 3929 following: 3930 (a)The name of the cardholder. 3931 (b)The date of issuance and expiration date of the 3932 identification card. 3933 (c)A random 10-digit alphanumeric identification number 3934 containing at least 4 numbers and at least 4 letters which is 3935 unique to the holder. 3936 (d)A photograph of the cardholder. 3937 (e)The legal name of the cultivation center employing 3938 the agent. 3939 (4)An agent identification card must be immediately 3940 returned to the cultivation center of the agent upon termination 3941 of his or her employment. 3942 (5)The loss of an agent identification card by a 3943 cultivation center agent must be reported to the Department of 3944 Law Enforcement and the department immediately upon discovery of 3945 the loss. 3946 (6)The department may not issue an agent identification 3947 card if the applicant is delinquent in filing any required tax 3948 returns or paying any amounts owed to the state. 3949 566.3018Cultivation center background checks. 3950 (1)The department shall conduct a background check through 3951 the Department of Law Enforcement of the prospective principal 3952 officers, board members, and agents of a cultivation center 3953 applying for a license or an identification card under this 3954 chapter. The Department of Law Enforcement may charge a fee as 3955 provided in s. 943.053. In complying with this section, each 3956 cultivation center prospective principal officer, board member, 3957 or agent shall submit a full set of fingerprints to the 3958 Department of Law Enforcement for the purpose of obtaining a 3959 state and federal criminal records check. These fingerprints 3960 shall be checked against the fingerprint records now and 3961 hereafter, to the extent allowed by law, and filed in the 3962 Department of Law Enforcement and Federal Bureau of 3963 Investigation criminal history records databases. The Department 3964 of Law Enforcement shall furnish any conviction information to 3965 the department. 3966 (2)When applying for the initial license or identification 3967 card, the background checks for all prospective principal 3968 officers, board members, and agents must be completed before 3969 submission of the application to the licensing or issuing 3970 agency. 3971 566.3019Renewal of cultivation center licenses and agent 3972 identification cards. 3973 (1)Cultivation center licenses and identification cards 3974 issued under this chapter shall be renewed annually. A 3975 cultivation center shall receive written or electronic notice 90 3976 days before the expiration of its current license that the 3977 license will expire. The department shall grant a renewal within 3978 45 days after submission of a renewal application if: 3979 (a)The cultivation center submits a renewal application 3980 and the required nonrefundable renewal fee as provided in s. 3981 566.801, or another amount as the department may set by rule 3982 after January 1, 2024, to be deposited into the Alcoholic 3983 Beverage, Marijuana, and Tobacco Trust Fund. 3984 (b)The department has not suspended the license of the 3985 cultivation center or suspended or revoked the license for 3986 violating this chapter or rules adopted under this chapter. 3987 (c)The cultivation center has continued to operate in 3988 accordance with all plans submitted as part of its application 3989 and approved by thedepartment or any amendments thereto that 3990 have been approved by the department. 3991 (d)The cultivation center has submitted an agent, 3992 employee, contracting, and subcontracting diversity report as 3993 required by the department. 3994 (e)The cultivation center has submitted an environmental 3995 impact report. 3996 (2)If a cultivation center fails to renew its license 3997 before expiration, it shall cease operations until its license 3998 is renewed. 3999 (3)If a cultivation center agent fails to renew his or her 4000 identification card before its expiration, he or she shall cease 4001 to work as an agent of the cultivation center until his or her 4002 identification card is renewed. 4003 (4)Any cultivation center that continues to operate, or 4004 any cultivation center agent who continues to work as an agent, 4005 after the applicable license or identification card has expired 4006 without renewal is subject to the penalties provided under s. 4007 566.4701. 4008 566.401Craft growers. 4009 (1)ISSUANCE OF LICENSES. 4010 (a)The department shall issue up to 40 craft grower 4011 licenses by July 1, 2023. Any person or entity awarded a license 4012 pursuant to this subsection shall hold only one craft grower 4013 license and may not sell that license until after December 21, 4014 2022. 4015 (b)By December 21, 2024, the department shall issue up to 4016 60 additional craft grower licenses. Any person or entity 4017 awarded a license pursuant to this paragraph may not hold more 4018 than two craft grower licenses. The person or entity awarded a 4019 license pursuant to this paragraph or paragraph (a) may sell its 4020 craft grower license subject to the restrictions of this chapter 4021 or as determined by department rule. Before issuing such 4022 licenses, the department may adopt rules through emergency 4023 rulemaking to modify or raise the number of craft grower 4024 licenses assigned to each region and modify or change the 4025 licensing application process to reduce or eliminate barriers. 4026 In determining whether to exercise the authority granted by this 4027 subsection, the department must consider the following factors: 4028 1.The percentage of cannabis sales occurring in this state 4029 not in the regulated market, using the best available data to 4030 ascertain total cannabis consumption in this state compared to 4031 the amount of sales in licensed dispensing organizations. 4032 2.Whether there is an adequate supply of cannabis and 4033 cannabis-infused products to serve registered qualified 4034 patients. 4035 3.Whether there is an adequate supply of cannabis and 4036 cannabis-infused products to serve purchasers. 4037 4.Whether there is an oversupply of cannabis in this state 4038 leading to trafficking of cannabis to states where the sale of 4039 cannabis is not authorized by law. 4040 5.Population increases or shifts. 4041 6.The density of craft growers in any area of the state. 4042 7.Perceived security risks of increasing the number or 4043 location of craft growers. 4044 8.The past safety record of craft growers. 4045 9.The departments capacity to appropriately regulate 4046 additional licensees. 4047 10.The reduction or elimination of any identified barriers 4048 to entry into the cannabis industry. 4049 11.Any other criteria the department deems relevant. 4050 (c)After January 1, 2023, the department may by rule 4051 modify or raise the number of craft grower licenses assigned to 4052 each region, and modify or change the licensing application 4053 process to reduce or eliminate barriers based on the criteria in 4054 paragraph (b). At no time may the number of craft grower 4055 licenses exceed 150. Any person or entity awarded a license 4056 pursuant to this subsection may not hold more than three craft 4057 grower licenses. A person or entity awarded a license pursuant 4058 to this subsection may sell its craft grower license or licenses 4059 subject to the restrictions of this chapter or as determined by 4060 administrative rule. 4061 (2)APPLICATION. 4062 (a)When applying for a license, the applicant shall 4063 electronically submit the following in such form as the 4064 department may direct: 4065 1.The nonrefundable application fee as provided in s. 4066 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 4067 and Tobacco Trust Fund. 4068 2.The legal name of the craft grower. 4069 3.The proposed physical address of the craft grower. 4070 4.The name, address, social security number, and date of 4071 birth of each principal officer and board member of the craft 4072 grower, each of whom must be at least 21 years of age. 4073 5.The details of any administrative or judicial proceeding 4074 in which any of the principal officers or board members of the 4075 craft grower was named, including whether any of them: 4076 a.Pled guilty, were convicted, were fined, or had a 4077 registration or license suspended or revoked; or 4078 b.Managed or served on the board of a business or 4079 nonprofit organization that pled guilty, was convicted, was 4080 fined, or had a registration or license suspended or revoked. 4081 6.Proposed operating bylaws that include procedures for 4082 the oversight of the craft grower, including the development and 4083 implementation of a plant monitoring system, accurate 4084 recordkeeping, a staffing plan, and a security plan approved by 4085 the Department of Law Enforcement which are in accordance with 4086 the rules issued by the department under this chapter. A 4087 physical inventory must be performed of all plants on a weekly 4088 basis by the craft grower. 4089 7.Verification from the Department of Law Enforcement that 4090 all background checks of the prospective principal officers, 4091 board members, and agents of the cannabis business establishment 4092 have been conducted. 4093 8.A copy of the current local zoning ordinance or permit 4094 and verification that the proposed craft grower is in compliance 4095 with the local zoning rules and distance limitations established 4096 by the local jurisdiction. 4097 9.Proposed employment practices, in which the applicant 4098 must demonstrate a plan of action to inform, hire, and educate 4099 minorities, women, veterans, and persons with disabilities, 4100 engage in fair labor practices, and provide worker protections. 4101 10.Whether an applicant can demonstrate experience in or 4102 business practices that promote economic empowerment in 4103 disproportionately impacted areas. 4104 11.Experience with the cultivation of agricultural or 4105 horticultural products, operating an agriculturally related 4106 business, or operating a horticultural business. 4107 12.A description of the enclosed, locked facility where 4108 cannabis will be grown, harvested, manufactured, packaged, or 4109 otherwise prepared for distribution to a dispensing organization 4110 or other cannabis business establishment. 4111 13.A survey of the enclosed, locked facility, including 4112 the space used for cultivation. 4113 14.Cultivation, processing, inventory, and packaging 4114 plans. 4115 15.A description of the applicants experience with 4116 agricultural cultivation techniques and industry standards. 4117 16.A list of any academic degrees, certifications, or 4118 relevant experience of all prospective principal officers, board 4119 members, and agents of the related business. 4120 17.The identity of every person having a financial or 4121 voting interest of 5 percent or greater in the craft grower 4122 operation, whether a trust, corporation, partnership, limited 4123 liability company, or sole proprietorship, including the name 4124 and address of each. 4125 18.A plan describing how the craft grower will address 4126 each of the following: 4127 a.Energy needs, including estimates of monthly electricity 4128 and gas usage, to what extent it will procure energy from a 4129 local utility or from on-site generation, and if it has or will 4130 adopt a sustainable energy use and energy conservation policy; 4131 and water needs, including estimated water draw and if it has or 4132 will adopt a sustainable water use and water conservation 4133 policy. 4134 b.Waste management, including if it has or will adopt a 4135 waste reduction policy. 4136 19.A recycling plan, including provisions requiring that: 4137 a.Purchaser packaging, including cartridges, be accepted 4138 by the applicant and recycled. 4139 b.Any recyclable waste generated by the craft grower 4140 facility be recycled per applicable state and local laws, 4141 ordinances, and rules. 4142 c.All cannabis plant waste rendered unusable by grinding 4143 and incorporating the cannabis plant waste with compostable 4144 mixed waste to be disposed of or composted in accordance with 4145 applicable solid waste laws. 4146 20.A commitment to comply with local waste provisions. A 4147 craft grower facility must remain in compliance with applicable 4148 state and federal environmental requirements, including: 4149 a.Storing, securing, and managing all recyclables and 4150 waste, including organic waste composed of or containing 4151 finished cannabis and cannabis products, in accordance with 4152 applicable state and local laws, ordinances, and rules; and 4153 b.Disposing of liquid waste containing cannabis or 4154 byproducts of cannabis processing in compliance with all 4155 applicable state and federal requirements, including, but not 4156 limited to, the cannabis cultivation facilitys permits under 4157 the Environmental Protection Act. 4158 21.A commitment to a technology standard for resource 4159 efficiency of the craft grower facility in which: 4160 a.A craft grower facility commits to use resources 4161 efficiently, including energy and water. For the following, a 4162 cannabis cultivation facility must commit to meet or exceed the 4163 following technology standards which may be modified by rule: 4164 (I)Lighting systems, including light bulbs. 4165 (II)HVAC system. 4166 (III)Water application system for the crop. 4167 (IV)Filtration system for removing contaminants from 4168 wastewater. 4169 b.The Lighting Power Densities (LPD) for cultivation space 4170 does not exceed an average of 36 watts per gross square foot of 4171 active and growing space canopy, or all installed lighting 4172 technology meets a photosynthetic photon efficacy (PPE) of no 4173 less than 2.2 micromoles per joule fixture and is featured on 4174 the DesignLights Consortium (DLC) Horticultural Specification 4175 Qualified Products List (QPL). In the event that DLC requirement 4176 for minimum efficacy exceeds 2.2 micromoles per joule fixture, 4177 that PPE shall become the new standard. 4178 c.(I)For cannabis grow operations with less than 6,000 4179 square feet of canopy, the licensee commits that all HVAC units 4180 will be high-efficiency ductless split HVAC units, or other more 4181 energy efficient equipment. 4182 (II)For cannabis grow operations with 6,000 square feet of 4183 canopy or more, the licensee commits that all HVAC units will be 4184 variable refrigerant flow HVAC units, or other more energy 4185 efficient equipment. 4186 d.The craft grower facility commits to use automated 4187 watering systems, including, but not limited to, drip irrigation 4188 and flood tables, to irrigate cannabis crop and to measure 4189 runoff from watering events and report this volume in its water 4190 usage plan, and that on average, watering events shall have no 4191 more than 20 percent of runoff of water. 4192 e.The craft grower commits that HVAC condensate, 4193 dehumidification water, excess runoff, and other wastewater 4194 produced by the craft grower facility shall be captured and 4195 filtered to the best of the facilitys ability to achieve the 4196 quality needed to be reused in subsequent watering rounds. 4197 f.Reporting energy use and efficiency as required by rule. 4198 22.Any other information required by department rule. 4199 (b)Applicants must submit all required information, 4200 including the information required in subsection (3), to the 4201 department. Failure by an applicant to submit all required 4202 information may result in the application being disqualified. 4203 (c)If the department receives an application with missing 4204 information, the department may issue a deficiency notice to the 4205 applicant. The applicant shall have 10 calendar days after the 4206 date of the deficiency notice to resubmit the incomplete 4207 information. Applications that are still incomplete after this 4208 opportunity to cure will not be scored and will be disqualified. 4209 (3)SCORING APPLICATIONS. 4210 (a)The department shall by rule develop a system to score 4211 craft grower applications to administratively rank applications 4212 based on the clarity, organization, and quality of the 4213 applicants responses to required information. Applicants shall 4214 be awarded points based on the following categories: 4215 1.Suitability of the proposed facility. 4216 2.Suitability of the employee training plan. 4217 3.Security and recordkeeping. 4218 4.Cultivation plan. 4219 5.Product safety and labeling plan. 4220 6.Business plan. 4221 7.The applicants status as a social equity applicant, 4222 which shall constitute no less than 20 percent of total 4223 available points. 4224 8.Labor and employment practices, which shall constitute 4225 no less than 2 percent of total available points. 4226 9.Environmental plans as described in 4227 subparagraphs(2)(a)18. and 19. 4228 10.The applicant is 51 percent or more owned and 4229 controlled by an individual or individuals who have been a 4230 resident of this state for the past 5 years as proved by tax 4231 records. 4232 11.The applicant is 51 percent or more controlled and 4233 owned by an individual or individuals who meet the 4234 qualifications of a veteran as defined in s. 1.01(14). 4235 12.A diversity plan that includes a narrative of not more 4236 than 2,500 words which establishes a goal of diversity in 4237 ownership, management, employment, and contracting to ensure 4238 that diverse participants and groups are afforded equality of 4239 opportunity. 4240 13.Any other criteria the department may set by rule for 4241 points. 4242 (b)The department may also award up to two bonus points 4243 for the applicants plan to engage with the community. The 4244 applicant may demonstrate a desire to engage with its community 4245 by participating in one or more of the following actions or 4246 other actions as determined by the department: 4247 1.Establishment of an incubator program designed to 4248 increase participation in the cannabis industry by persons who 4249 would qualify as social equity applicants; 4250 2.Providing financial assistance to substance abuse 4251 treatment centers; 4252 3.Educating children and teens about the potential harms 4253 of cannabis use; or 4254 4.Other measures demonstrating a commitment to the 4255 applicants community. Bonus points will be awarded only if the 4256 department receives applications that receive an equal score for 4257 a particular region. 4258 (c)Should the applicant be awarded a craft grower license, 4259 the information and plans that an applicant provided in its 4260 application, including any plans submitted for the acquiring of 4261 bonus points, shall be a mandatory condition of the license. Any 4262 variation from or failure to perform such plans may result in 4263 discipline, including the revocation or nonrenewal of a license. 4264 (d)Should the applicant be awarded a craft grower license, 4265 the applicant shall pay the fee as provided in s. 566.801, 4266 prorated, before receiving the license, to be deposited into the 4267 Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. 4268 (4)ISSUANCE OF LICENSE TO CERTAIN PERSONS PROHIBITED. 4269 (a)A craft grower license issued by the department may not 4270 be issued to a person who is licensed by any licensing authority 4271 as a cultivation center, or to any partnership, corporation, 4272 limited liability company, or trust or any subsidiary, 4273 affiliate, or any other form of business enterprise having more 4274 than 10 percent legal, equitable, or beneficial interest, 4275 directly or indirectly, in a person licensed in this state as a 4276 cultivation center, or to any principal officer, agent, 4277 employee, or any other person with any form of ownership or 4278 control over a cultivation center except for a person who owns 4279 no more than 5 percent of the outstanding shares of a 4280 cultivation center whose shares are publicly traded on an 4281 exchange within the meaning of the Securities Exchange Act of 4282 1934. 4283 (b)A person who is licensed in this state as a craft 4284 grower, or any partnership, corporation, limited liability 4285 company, or trust or any subsidiary, affiliate, or agent 4286 thereof, or any other form of business enterprise licensed in 4287 this state as a craft grower may not have more than 10 percent 4288 legal, equitable, or beneficial interest, directly or 4289 indirectly, in a person licensed as a cultivation center, nor 4290 shall any partnership, corporation, limited liability company, 4291 or trust or any subsidiary, affiliate, or any other form of 4292 business enterprise having any legal, equitable, or beneficial 4293 interest, directly or indirectly, in a person licensed in this 4294 state as a craft grower or a craft grower agent be a principal 4295 officer, agent, employee, or natural person with any form of 4296 ownership or control over a cultivation center except for a 4297 person who owns no more than 5 percent of the outstanding shares 4298 of a cultivation center whose shares are publicly traded on an 4299 exchange within the meaning of the Securities Exchange Act of 4300 1934. 4301 (5)DENIAL OF APPLICATION.An application for a craft 4302 grower license must be denied if any of the following conditions 4303 is met: 4304 (a)The applicant failed to submit the materials required 4305 by this section. 4306 (b)The applicant would not be in compliance with local 4307 zoning rules. 4308 (c)One or more of the prospective principal officers or 4309 board members causes a violation of subsection (4). 4310 (d)One or more of the principal officers or board members 4311 is under 21 years of age. 4312 (e)The person has submitted an application for a license 4313 under this chapter which contains false information. 4314 (f)The licensee; principal officer, board member, or 4315 person having a financial or voting interest of 5 percent or 4316 greater in the licensee; or agent is delinquent in filing any 4317 required tax returns or paying any amounts owed to this state. 4318 (6)CRAFT GROWER REQUIREMENTS; PROHIBITIONS. 4319 (a)The operating documents of a craft grower must include 4320 procedures for the oversight of the craft grower, a cannabis 4321 plant monitoring system including a physical inventory recorded 4322 weekly, accurate recordkeeping, and a staffing plan. 4323 (b)A craft grower shall implement a security plan reviewed 4324 by the Department of Law Enforcement that includes, but is not 4325 limited to, facility access controls, perimeter intrusion 4326 detection systems, personnel identification systems, and a 24 4327 hour surveillance system to monitor the interior and exterior of 4328 the craft grower facility and that is accessible to authorized 4329 law enforcement and the department in real time. 4330 (c)All cultivation of cannabis by a craft grower must take 4331 place in an enclosed, locked facility at the physical address 4332 provided to the department during the licensing process. The 4333 craft grower location shall be accessed only by the agents 4334 working for the craft grower, the department staff performing 4335 inspections, the Department of Health staff performing 4336 inspections, state and local law enforcement or other emergency 4337 personnel, contractors working on jobs unrelated to cannabis, 4338 such as installing or maintaining security devices or performing 4339 electrical wiring, transporting organization agents as provided 4340 in this chapter, or participants in the incubator program, 4341 individuals in a mentoring or educational program approved by 4342 the state, or other individuals as provided by rule. However, if 4343 a craft grower shares a premises with an infuser or dispensing 4344 organization, agents from those other licensees may access the 4345 craft grower portion of the premises if that is the location of 4346 common bathrooms, lunchrooms, locker rooms, or other areas of 4347 the building where work or cultivation of cannabis is not 4348 performed. At no time may an infuser or dispensing organization 4349 agent perform work at a craft grower without being a registered 4350 agent of the craft grower. 4351 (d)A craft grower may not sell or distribute any cannabis 4352 to any person other than a cultivation center, a craft grower, 4353 an infuser organization, a dispensing organization, or as 4354 otherwise authorized by rule. 4355 (e)A craft grower may not be located in an area zoned for 4356 residential use. 4357 (f)A craft grower may not either directly or indirectly 4358 discriminate in price between different cannabis business 4359 establishments that are purchasing a like grade, strain, brand, 4360 and quality of cannabis or cannabis-infused product. Nothing in 4361 this paragraph prevents a craft grower from pricing cannabis 4362 differently based on differences in the cost of manufacturing or 4363 processing, the quantities sold, such as volume discounts, or 4364 the way the products are delivered. 4365 (g)All cannabis harvested by a craft grower and intended 4366 for distribution to a dispensing organization must be entered 4367 into a data collection system, packaged and labeled as required 4368 by law, and, if distribution is to a dispensing organization 4369 that does not share a premises with the dispensing organization 4370 receiving the cannabis, placed into a cannabis container for 4371 transport. All cannabis harvested by a craft grower and intended 4372 for distribution to a cultivation center, to an infuser 4373 organization, or to a craft grower with which it does not share 4374 a premises must be packaged in a labeled cannabis container and 4375 entered into a data collection system before transport. 4376 (h)Craft growers are subject to random inspections by the 4377 department, local safety or health inspectors, and the 4378 Department of Law Enforcement. 4379 (i)A craft grower agent shall notify local law 4380 enforcement, the Department of Law Enforcement, and the 4381 department within 24 hours after the discovery of any loss or 4382 theft. Notification shall be made by phone, in person, or 4383 written or electronic communication. 4384 (j)A craft grower shall comply with all state and any 4385 applicable federal rules and regulations regarding the use of 4386 pesticides. 4387 (k)A craft grower or craft grower agent may not transport 4388 cannabis or cannabis-infused products to any other cannabis 4389 business establishment without a transport organization license 4390 unless: 4391 1.If the craft grower is located in a county with a 4392 population of 3 million or more, the cannabis business 4393 establishment receiving the cannabis is within 2,000 feet of the 4394 property line of the craft grower; 4395 2.If the craft grower is located in a county with a 4396 population of more than 700,000 but fewer than 3 million, the 4397 cannabis business establishment receiving the cannabis is within 4398 2 miles of the craft grower; or 4399 3.If the craft grower is located in a county with a 4400 population of fewer the 700,000, the cannabis business 4401 establishment receiving the cannabis is within 15 miles of the 4402 craft grower. 4403 (l)A craft grower may enter into a contract with a 4404 transporting organization to transport cannabis to a cultivation 4405 center, a craft grower, an infuser organization, a dispensing 4406 organization, or a laboratory. 4407 (m)No person or entity shall hold any legal, equitable, 4408 ownership, or beneficial interest, directly or indirectly, of 4409 more than three craft grower licenses. Further, no person or 4410 entity that is employed by, an agent of, or has a contract to 4411 receive payment from or participate in the management of, a 4412 craft grower is a principal officer of a craft grower, or entity 4413 controlled by or affiliated with a principal officer of a craft 4414 grower shall hold any legal, equitable, ownership, or beneficial 4415 interest, directly or indirectly, in a craft grower license that 4416 would result in the person or entity owning or controlling in 4417 combination with any craft grower, principal officer of a craft 4418 grower, or entity controlled or affiliated with a principal 4419 officer of a craft grower by which he, she, or it is employed, 4420 is an agent of, or participates in the management of more than 4421 three craft grower licenses. 4422 (n)It is unlawful for any person having a craft grower 4423 license or any officer, associate, member, representative, or 4424 agent of the licensee to offer or deliver money, or anything 4425 else of value, directly or indirectly, to any person having an 4426 early approval adult use dispensing organization license, a 4427 conditional adult use dispensing organization license, an adult 4428 use dispensing organization license, or a medical marijuana 4429 treatment center, or to any person connected with or in any way 4430 representing, or to any member of the family of, the person 4431 holding an early approval adult use dispensing organization 4432 license, a conditional adult use dispensing organization 4433 license, an adult use dispensing organization license, or a 4434 medical marijuana treatment center, or to any stockholders in 4435 any corporation engaged in the retail sale of cannabis, or to 4436 any officer, manager, agent, or representative of the early 4437 approval adult use dispensing organization license, a 4438 conditional adult use dispensing organization license, an adult 4439 use dispensing organization license, or a medical marijuana 4440 treatment center to obtain preferential placement within the 4441 dispensing organization, including, without limitation, on 4442 shelves and in display cases where purchasers can view products, 4443 or on the dispensing organizations website. 4444 (o)A craft grower may not be located within 1,500 feet of 4445 another craft grower or a cultivation center. 4446 (p)A craft grower may process cannabis, cannabis 4447 concentrates, and cannabis-infused products. Cannabis 4448 concentrate may be made with propylene glycol, glycerin, butter, 4449 olive oil or other typical cooking fats; water, ice, or dry ice; 4450 or butane, propane, carbon dioxide, ethanol, or isopropanol. The 4451 use of any other solvent is expressly prohibited unless it is 4452 approved by the department. 4453 (q)A craft grower must comply with any other requirements 4454 or prohibitions set by administrative rule of the department. 4455 (7)IDENTIFICATION CARD. 4456 (a)The department shall: 4457 1.Establish by rule the information required in an initial 4458 application or renewal application for an agent identification 4459 card submitted under this section and the nonrefundable fee to 4460 accompany the initial application or renewal application. 4461 2.Verify the information contained in an initial 4462 application or renewal application for an agent identification 4463 card submitted under this section and approve or deny an 4464 application within 30 days after receiving a completed initial 4465 application or renewal application and all supporting 4466 documentation required by rule. 4467 3.Issue an agent identification card to a qualifying agent 4468 within 15 business days after approving the initial application 4469 or renewal application. 4470 4.Enter the license number of the craft grower where the 4471 agent works, allow for an electronic initial application and 4472 renewal application process, and provide a confirmation by 4473 electronic or other methods that an application has been 4474 submitted. The department may by rule require prospective agents 4475 to file their applications by electronic means and provide 4476 notices to the agents by electronic means. 4477 (b)An agent must keep his or her identification card 4478 visible at all times when on the property of a cannabis business 4479 establishment, including the craft grower organization for which 4480 he or she is an agent. 4481 (c)The agent identification cards shall contain the 4482 following: 4483 1.The name of the cardholder. 4484 2.The date of issuance and expiration date of the 4485 identification card. 4486 3.A random 10-digit alphanumeric identification number 4487 containing at least four numbers and at least four letters that 4488 is unique to the holder. 4489 4.A photograph of the cardholder. 4490 5.The legal name of the craft grower organization 4491 employing the agent. 4492 (d)An agent identification card shall be immediately 4493 returned to the cannabis business establishment of the agent 4494 upon termination of his or her employment. 4495 (e)Any agent identification card lost by a craft grower 4496 agent shall be reported to the Department of Law Enforcement and 4497 the department immediately upon discovery of the loss. 4498 (8)BACKGROUND CHECKS. 4499 (a)Through the Department of Law Enforcement, the 4500 department shall conduct a background check of the prospective 4501 principal officers, board members, and agents of a craft grower 4502 applying for a license or identification card under this 4503 section. The Department of Law Enforcement may charge a fee as 4504 provided in s. 943.053. In order to carry out this section, each 4505 craft grower organizations prospective principal officer, board 4506 member, or agent shall submit a full set of fingerprints to the 4507 Department of Law Enforcement for the purpose of obtaining a 4508 state and federal criminal records check. These fingerprints 4509 shall be checked against the fingerprint records now and 4510 hereafter, to the extent allowed by law, and filed in the 4511 Department of Law Enforcement and Federal Bureau of 4512 Investigation criminal history records databases. The Department 4513 of Law Enforcement shall furnish, following positive 4514 identification, all conviction information to the department. 4515 (b)When applying for the initial license or identification 4516 card, the background checks for all prospective principal 4517 officers, board members, and agents shall be completed before 4518 submitting the application to the licensing or issuing agency. 4519 (9)RENEWAL OF LICENSES AND IDENTIFICATION CARDS. 4520 (a)Licenses and identification cards issued under this 4521 section shall be renewed annually. A craft grower shall receive 4522 written or electronic notice 90 days before the expiration of 4523 its current license that the license will expire. The department 4524 shall grant a renewal within 45 days after submission of a 4525 renewal application if: 4526 1.The craft grower submits a renewal application and the 4527 required nonrefundable renewal fee as provided in s. 566.801. 4528 2.The department has not suspended the license of the 4529 craft grower or suspended or revoked the license for violating 4530 this section or rules adopted under this section. 4531 3.The craft grower has continued to operate in accordance 4532 with all plans submitted as part of its application and approved 4533 by the department or any amendments thereto that have been 4534 approved by the department. 4535 4.The craft grower has submitted an agent, employee, 4536 contracting, and subcontracting diversity report as required by 4537 the department. 4538 5.The craft grower has submitted an environmental impact 4539 report. 4540 (b)If a craft grower fails to renew its license before 4541 expiration, it shall cease operations until its license is 4542 renewed. 4543 (c)If a craft grower agent fails to renew his or her 4544 identification card before its expiration, he or she shall cease 4545 to work as an agent of the craft grower organization until his 4546 or her identification card is renewed. 4547 (d)Any craft grower that continues to operate, or any 4548 craft grower agent who continues to work as an agent, after the 4549 applicable license or identification card has expired without 4550 renewal is subject to the penalties provided under s. 566.4701. 4551 (e)All fees or fines collected from the renewal of a craft 4552 grower license shall be deposited into the Alcoholic Beverage, 4553 Marijuana, and Tobacco Trust Fund. 4554 566.405Infuser organizations. 4555 (1)ISSUANCE OF LICENSES. 4556 (a)The department shall issue up to 40 infuser licenses 4557 through a process provided for in this section no later than 4558 July 1, 2023. 4559 (b)The department shall make the application for infuser 4560 licenses available on January 7, 2023, and on every January 7 4561 thereafter, and shall receive such applications by March 15, 4562 2023, and on every March 15 thereafter. If any of the dates fall 4563 on a weekend or holiday, the first business day immediately 4564 succeeding the weekend or holiday applies. 4565 (c)By December 21, 2024, the department may issue up to 60 4566 additional infuser licenses. Before issuing such licenses, the 4567 department may adopt rules through emergency rulemaking to 4568 modify or raise the number of infuser licenses and modify or 4569 change the licensing application process to reduce or eliminate 4570 barriers. In determining whether to exercise the authority 4571 granted by this subsection, the department must consider the 4572 following factors: 4573 1.The percentage of cannabis sales occurring in this 4574 states not in the regulated market using the best available data 4575 to ascertain total cannabis consumption in this state compared 4576 to the amount of sales in licensed dispensing organizations. 4577 2.Whether there is an adequate supply of cannabis and 4578 cannabis-infused products to serve registered qualified 4579 patients. 4580 3.Whether there is an adequate supply of cannabis and 4581 cannabis-infused products to serve purchasers. 4582 4.Whether there is an oversupply of cannabis in this state 4583 leading to trafficking of cannabis to states where the sale of 4584 cannabis is not authorized by law. 4585 5.Population increases or shifts. 4586 6.Changes to federal law. 4587 7.Perceived security risks of increasing the number or 4588 location of infuser organizations. 4589 8.The past security record of infuser organizations. 4590 9.The departments capacity to appropriately regulate 4591 additional licensees. 4592 10.The reduction or elimination of any identified barriers 4593 to entry in the cannabis industry. 4594 11.Any other criteria the department deems relevant. 4595 (d)After January 1, 2023, the department may by rule 4596 modify or raise the number of infuser licenses, and modify or 4597 change the licensing application process to reduce or eliminate 4598 barriers based on the criteria in paragraph (c). 4599 (2)APPLICATION. 4600 (a)When applying for a license, the applicant shall 4601 electronically submit the following in such form as the 4602 department may direct: 4603 1.The nonrefundable application fee as provided in s. 4604 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 4605 and Tobacco Trust Fund. 4606 2.The legal name of the infuser. 4607 3.The proposed physical address of the infuser. 4608 4.The name, address, social security number, and date of 4609 birth of each principal officer and board member of the infuser, 4610 each of whom must be at least 21 years of age. 4611 5.The details of any administrative or judicial proceeding 4612 in which any of the principal officers or board members of the 4613 infuser: 4614 a.Pled guilty, were convicted, were fined, or had a 4615 registration or license suspended or revoked; or 4616 b.Managed or served on the board of a business or 4617 nonprofit organization that pled guilty, was convicted, was 4618 fined, or had a registration or license suspended or revoked. 4619 6.Proposed operating bylaws that include procedures for 4620 the oversight of the infuser, including the development and 4621 implementation of a plant monitoring system, accurate 4622 recordkeeping, staffing plan, and security plan approved by the 4623 Department of Law Enforcement which are in accordance with the 4624 rules issued by the department under this section. A physical 4625 inventory of all cannabis shall be performed on a weekly basis 4626 by the infuser. 4627 7.Verification from the Department of Law Enforcement that 4628 all background checks of the prospective principal officers, 4629 board members, and agents of the infuser organization have been 4630 conducted. 4631 8.A copy of the current local zoning ordinance and 4632 verification that the proposed infuser is in compliance with the 4633 local zoning rules and distance limitations established by the 4634 local jurisdiction. 4635 9.Proposed employment practices, in which the applicant 4636 must demonstrate a plan of action to inform, hire, and educate 4637 minorities, women, veterans, and persons with disabilities, 4638 engage in fair labor practices, and provide worker protections. 4639 10.Whether an applicant can demonstrate experience in or 4640 business practices that promote economic empowerment in 4641 disproportionately impacted areas. 4642 11.Experience with infusing products with cannabis 4643 concentrate. 4644 12.A description of the enclosed, locked facility where 4645 cannabis will be infused, packaged, or otherwise prepared for 4646 distribution to a dispensing organization or other infuser. 4647 13.Processing, inventory, and packaging plans. 4648 14.A description of the applicants experience with 4649 operating a commercial kitchen or laboratory preparing products 4650 for human consumption. 4651 15.A list of any academic degrees, certifications, or 4652 relevant experience of all prospective principal officers, board 4653 members, and agents of the related business. 4654 16.The identity of every person having a financial or 4655 voting interest of 5 percent or greater in the infuser operation 4656 with respect to which the license is sought, whether a trust, 4657 corporation, partnership, limited liability company, or sole 4658 proprietorship, including the name and address of each. 4659 17.A plan describing how the infuser will address each of 4660 the following: 4661 a.Energy needs, including estimates of monthly electricity 4662 and gas usage, to what extent it will procure energy from a 4663 local utility or from on-site generation, and if it has or will 4664 adopt a sustainable energy use and energy conservation policy. 4665 b.Water needs, including estimated water draw, and if it 4666 has or will adopt a sustainable water use and water conservation 4667 policy. 4668 c.Waste management, including adoption of a waste 4669 reduction policy. 4670 18.A recycling plan that requires: 4671 a.A commitment that any recyclable waste generated by the 4672 infuser will be recycled per applicable state and local laws, 4673 ordinances, and rules; and 4674 b.A commitment to comply with local waste provisions. An 4675 infuser must commit to remain in compliance with applicable 4676 state and federal environmental requirements, including, but not 4677 limited to, storing, securing, and managing all recyclables and 4678 waste, including organic waste composed of or containing 4679 finished cannabis and cannabis products, in accordance with 4680 applicable state and local laws, ordinances, and rules. 4681 19.Any other information required by rule. 4682 (b)Applicants must submit all required information, 4683 including the information required in subsection (3), to the 4684 department. Failure by an applicant to submit all required 4685 information may result in the application being disqualified. 4686 (c)If the department receives an application with missing 4687 information, the department may issue a deficiency notice to the 4688 applicant. The applicant shall have 10 calendar days from the 4689 date of the deficiency notice to resubmit the incomplete 4690 information. Applications that are still incomplete after this 4691 opportunity to cure will not be scored and will be disqualified. 4692 (3)ISSUING LICENSES. 4693 (a)The department shall by rule develop a system to score 4694 infuser applications to administratively rank applications based 4695 on the clarity, organization, and quality of the applicants 4696 responses to required information. Applicants shall be awarded 4697 points based on the following categories: 4698 1.Suitability of the proposed facility. 4699 2.Suitability of the employee training plan. 4700 3.Security and recordkeeping plan. 4701 4.Infusing plan. 4702 5.Product safety and labeling plan. 4703 6.Business plan. 4704 7.The applicants status as a social equity applicant, 4705 which shall constitute no less than 20 percent of total 4706 available points. 4707 8.Labor and employment practices, which shall constitute 4708 no less than 2 percent of total available points. 4709 9.Environmental plans as described in subparagraphs 4710 (2)(a)17. and 18. 4711 10.The applicant is 51 percent or more owned and 4712 controlled by an individual or individuals who have been a 4713 resident of this state for the past 5 years as proved by tax 4714 records. 4715 11.The applicant is 51 percent or more controlled and 4716 owned by an individual or individuals who meet the 4717 qualifications of a veteran as defined in s. 1.01(14). 4718 12.A diversity plan that includes a narrative of not more 4719 than 2,500 words which establishes a goal of diversity in 4720 ownership, management, employment, and contracting to ensure 4721 that diverse participants and groups are afforded equality of 4722 opportunity. 4723 13.Any other criteria the department may set by rule for 4724 points. 4725 (b)The department may also award up to two bonus points 4726 for the applicants plan to engage with the community. The 4727 applicant may demonstrate a desire to engage with its community 4728 by participating in one or more of, but not limited to, the 4729 following actions: 4730 1.Establishment of an incubator program designed to 4731 increase participation in the cannabis industry by persons who 4732 would qualify as social equity applicants; 4733 2.Providing financial assistance to substance abuse 4734 treatment centers; 4735 3.Educating children and teens about the potential harms 4736 of cannabis use; or 4737 4.Other measures demonstrating a commitment to the 4738 applicants community. Bonus points will only be awarded if the 4739 department receives applications that receive an equal score for 4740 a particular region. 4741 (c)Should the applicant be awarded an infuser license, the 4742 information and plans that an applicant provided in its 4743 application, including any plans submitted for the acquiring of 4744 bonus points, becomes a mandatory condition of the permit. Any 4745 variation from or failure to perform such plans may result in 4746 discipline, including the revocation or nonrenewal of a license. 4747 (d)Should the applicant be awarded an infuser organization 4748 license, the applicant shall pay a fee as provided in s. 566.801 4749 before receiving the license, to be deposited into the Alcoholic 4750 Beverage, Marijuana, and Tobacco Trust Fund. 4751 (4)DENIAL OF APPLICATION.An application for an infuser 4752 license shall be denied if any of the following conditions are 4753 met: 4754 (a)The applicant failed to submit the materials required 4755 by this section. 4756 (b)The applicant would not be in compliance with local 4757 zoning rules or permit requirements. 4758 (c)One or more of the prospective principal officers or 4759 board members causes a violation of subsection (5). 4760 (d)One or more of the principal officers or board members 4761 is under 21 years of age. 4762 (e)The person has submitted an application for a license 4763 under this chapter which contains false information. 4764 (f)If the licensee; principal officer, board member, or 4765 person having a financial or voting interest of 5 percent or 4766 greater in the licensee; or agent is delinquent in filing any 4767 required tax returns or paying any amounts owed to the state. 4768 (5)INFUSER ORGANIZATION REQUIREMENTS; PROHIBITIONS. 4769 (a)The operating documents of an infuser shall include 4770 procedures for the oversight of the infuser, an inventory 4771 monitoring system, including a physical inventory recorded 4772 weekly, accurate recordkeeping, and a staffing plan. 4773 (b)An infuser shall implement a security plan reviewed by 4774 the Department of Law Enforcement which includes, but is not 4775 limited to, facility access controls, perimeter intrusion 4776 detection systems, personnel identification systems, and a 24 4777 hour surveillance system to monitor the interior and exterior of 4778 the infuser facility and which is accessible to authorized law 4779 enforcement, the Department of Health, and the department in 4780 real time. 4781 (c)All processing of cannabis by an infuser must take 4782 place in an enclosed, locked facility at the physical address 4783 provided to the department during the licensing process. The 4784 infuser location shall only be accessed by the agents working 4785 for the infuser, the department staff performing inspections, 4786 the Department of Health staff performing inspections, state and 4787 local law enforcement or other emergency personnel, contractors 4788 working on jobs unrelated to cannabis, such as installing or 4789 maintaining security devices or performing electrical wiring, 4790 transporting organization agents as provided in this chapter, 4791 participants in the incubator program, individuals in a 4792 mentoring or educational program approved by the state, local 4793 safety or health inspectors, or other individuals as provided by 4794 rule. However, if an infuser shares a premises with a craft 4795 grower or dispensing organization, agents from these other 4796 licensees may access the infuser portion of the premises if that 4797 is the location of common bathrooms, lunchrooms, locker rooms, 4798 or other areas of the building where processing of cannabis is 4799 not performed. At no time may a craft grower or dispensing 4800 organization agent perform work at an infuser without being a 4801 registered agent of the infuser. 4802 (d)An infuser may not sell or distribute any cannabis to 4803 any person other than a dispensing organization, or as otherwise 4804 authorized by rule. 4805 (e)An infuser may not either directly or indirectly 4806 discriminate in price between different cannabis business 4807 establishments that are purchasing a like grade, strain, brand, 4808 and quality of cannabis or cannabis-infused product. Nothing in 4809 this paragraph prevents an infuser from pricing cannabis 4810 differently based on differences in the cost of manufacturing or 4811 processing, the quantities sold, such volume discounts, or the 4812 way the products are delivered. 4813 (f)All cannabis infused by an infuser and intended for 4814 distribution to a dispensing organization must be entered into a 4815 data collection system, packaged and labeled under s. 566.4805, 4816 and, if distribution is to a dispensing organization that does 4817 not share a premises with the infuser, placed into a cannabis 4818 container for transport. All cannabis produced by an infuser and 4819 intended for distribution to a cultivation center, infuser 4820 organization, or craft grower with which it does not share a 4821 premises, must be packaged in a labeled cannabis container and 4822 entered into a data collection system before transport. 4823 (g)Infusers are subject to random inspections by the 4824 department, the Department of Health, the Department of Law 4825 Enforcement, and local law enforcement. 4826 (h)An infuser agent shall notify local law enforcement, 4827 the Department of Law Enforcement, and the department within 24 4828 hours of the discovery of any loss or theft. Notification shall 4829 be made by phone, in person, or by written or electronic 4830 communication. 4831 (i)An infuser organization may not be located in an area 4832 zoned for residential use. 4833 (j)An infuser or infuser agent may not transport cannabis 4834 or cannabis-infused products to any other cannabis business 4835 establishment without a transport organization license unless: 4836 1.If the infuser is located in a county with a population 4837 of 3 million or more, the cannabis business establishment 4838 receiving the cannabis or cannabis-infused product is within 4839 2,000 feet of the property line of the infuser; 4840 2.If the infuser is located in a county with a population 4841 of more than 700,000 but fewer than 3 million, the cannabis 4842 business establishment receiving the cannabis or cannabis 4843 infused product is within 2 miles of the infuser; or 4844 3.If the infuser is located in a county with a population 4845 of 700,000 or fewer, the cannabis business establishment 4846 receiving the cannabis or cannabis-infused product is within 15 4847 miles of the infuser. 4848 (k)An infuser may enter into a contract with a 4849 transporting organization to transport cannabis to a dispensing 4850 organization or a laboratory. 4851 (l)An infuser organization may share premises with a craft 4852 grower or a dispensing organization, or both, provided each 4853 licensee stores currency and cannabis or cannabis-infused 4854 products in a separate secured vault to which the other licensee 4855 does not have access or all licensees sharing a vault share more 4856 than 50 percent of the same ownership. 4857 (m)It is unlawful for any person or entity having an 4858 infuser organization license or any officer, associate, member, 4859 representative, or agent of such licensee to offer or deliver 4860 money, or anything else of value, directly or indirectly, to any 4861 person having an early approval adult use dispensing 4862 organization license, a conditional adult use dispensing 4863 organization license, an adult use dispensing organization 4864 license, or a medical marijuana treatment center license, or to 4865 any person connected with or in any way representing, or to any 4866 member of the family of, such person holding an early approval 4867 adult use dispensing organization license, a conditional adult 4868 use dispensing organization license, an adult use dispensing 4869 organization license, or a medical marijuana treatment center 4870 license, or to any stockholders in any corporation engaged in 4871 the retail sales of cannabis, or to any officer, manager, agent, 4872 or representative of the early approval adult use dispensing 4873 organization license, a conditional adult use dispensing 4874 organization license, an adult use dispensing organization 4875 license, or a medical marijuana treatment center license to 4876 obtain preferential placement within the dispensing 4877 organization, including, without limitation, on shelves and in 4878 display cases where purchasers can view products, or on the 4879 dispensing organizations website. 4880 (n)At no time shall an infuser organization or an infuser 4881 agent perform the extraction of cannabis concentrate from 4882 cannabis flower. 4883 (6)IDENTIFICATION CARD. 4884 (a)The department shall: 4885 1.Establish by rule the information required in an initial 4886 application or renewal application for an agent identification 4887 card submitted under this section and the nonrefundable fee to 4888 accompany the initial application or renewal application. 4889 2.Verify the information contained in an initial 4890 application or renewal application for an agent identification 4891 card submitted under this section and approve or deny an 4892 application within 30 days after receiving a completed 4893 application and all supporting documentation required by rule. 4894 3.Issue an agent identification card to a qualifying agent 4895 within 15 business days after approving the initial application 4896 or renewal application. 4897 4.Enter the license number of the infuser where the agent 4898 works. 4899 5.Allow for an electronic initial application and renewal 4900 application process, and provide a confirmation by electronic or 4901 other methods that an application has been submitted. The 4902 department may by rule require prospective agents to file their 4903 applications by electronic means and provide notices to the 4904 agents by electronic means. 4905 (b)An agent must keep his or her identification card 4906 visible at all times when on the property of a cannabis business 4907 establishment including the cannabis business establishment for 4908 which he or she is an agent. 4909 (c)The agent identification cards must contain all of the 4910 following: 4911 1.The name of the cardholder. 4912 2.The date of issuance and expiration date of the 4913 identification card. 4914 3.A random 10-digit alphanumeric identification number 4915 containing at least four numbers and at least four letters that 4916 is unique to the holder. 4917 4.A photograph of the cardholder. 4918 5.The legal name of the infuser organization employing the 4919 agent. 4920 (d)An agent identification card must be immediately 4921 returned to the infuser organization of the agent upon 4922 termination of his or her employment. 4923 (e)Any agent identification card lost by a transporting 4924 agent must be reported to the Department of Law Enforcement and 4925 the department immediately upon discovery of the loss. 4926 (7)ENSURING AN ADEQUATE SUPPLY OF RAW MATERIALS. 4927 (a)As used in this subsection, the term raw materials 4928 means carbon dioxide, hash oil, crude, distillate, or any other 4929 cannabis concentrate extracted from cannabis flower by use of a 4930 solvent or a mechanical process. 4931 (b)The department may by rule design a method for 4932 assessing whether licensed infusers have access to an adequate 4933 supply of reasonably affordable raw materials, which may 4934 include, but need not be limited to, any of the following: 4935 1.A survey of infusers. 4936 2.A market study on the sales trends of cannabis-infused 4937 products manufactured by infusers. 4938 3.The costs cultivation centers and craft growers assume 4939 for the raw materials they use in any cannabis-infused products 4940 they manufacture. 4941 (c)The department shall perform an assessment of whether 4942 infusers have access to an adequate supply of reasonably 4943 affordable raw materials beginning on or after January 1, 2024, 4944 and concluding by April 1, 2026. 4945 (d)The department may by rule adopt measures to ensure 4946 that infusers have access to an adequate supply of reasonably 4947 affordable raw materials necessary for the manufacture of 4948 cannabis-infused products. Such measures may include, but need 4949 not be limited to, requiring cultivation centers and craft 4950 growers to set aside a minimum amount of raw materials for the 4951 wholesale market or enabling infusers to apply for a processor 4952 license to extract raw materials from cannabis flower. 4953 (e)If the department decides to make processor licenses 4954 available to infuser organizations based on its findings under 4955 paragraph (d), infuser organizations may apply to the department 4956 for a processor license on forms provided by the department. An 4957 infuser organization must include all of the following 4958 information as part of its application for a processor license: 4959 1.A description of the applicants experience with the 4960 extraction, processing, or infusing of oils similar to those 4961 derived from cannabis or with other business practices to be 4962 performed by the infuser. 4963 2.A description of the applicants experience with 4964 manufacturing equipment and chemicals to be used in processing. 4965 3.A description of the applicants expertise in any 4966 relevant scientific fields. 4967 4.A commitment from the applicant that any cannabis waste, 4968 liquid waste, or hazardous waste will be disposed of in 4969 accordance with applicable laws and that all cannabis plant 4970 waste will be rendered unusable by grinding and incorporating 4971 the cannabis plant waste with compostable mixed waste to be 4972 disposed of or composted in accordance with applicable laws. 4973 5.Any other information the department deems relevant. 4974 (f)The department may issue a processor license to an 4975 infusing organization only if, based on the information provided 4976 under paragraph (e) and any other criteria set by the 4977 department, which may include, but need not be limited to, an 4978 inspection of the site where processing would occur, the 4979 department is reasonably certain the infusing organization will 4980 process cannabis in a safe and compliant manner. 4981 (8)BACKGROUND CHECKS. 4982 (a)Through the Department of Law Enforcement, the 4983 department shall conduct a background check of the prospective 4984 principal officers, board members, and agents of an infuser 4985 applying for a license or identification card under this 4986 section. The Department of Law Enforcement may charge a fee as 4987 provided in s. 943.053. In order to carry out this provision, 4988 each infuser organizations prospective principal officer, board 4989 member, or agent shall submit a full set of fingerprints to the 4990 Department of Law Enforcement for the purpose of obtaining a 4991 state and federal criminal records check. These fingerprints 4992 shall be checked against the fingerprint records now and 4993 hereafter, to the extent allowed by law, filed in the Department 4994 of Law Enforcement and Federal Bureau of Investigation criminal 4995 history records databases. The Department of Law Enforcement 4996 shall furnish, following positive identification, all conviction 4997 information to the department. 4998 (b)When applying for the initial license or identification 4999 card, the background checks for all prospective principal 5000 officers, board members, and agents shall be completed before 5001 submitting the application to the licensing or issuing agency. 5002 (9)RENEWAL OF LICENSES AND IDENTIFICATION CARDS. 5003 (a)Licenses and identification cards issued under this 5004 section shall be renewed annually. An infuser organization must 5005 be provided written or electronic notice 90 days before the 5006 expiration of its current license that the license will expire. 5007 The department shall grant a renewal within 45 days after 5008 submission of a completed renewal application if: 5009 1.The infuser organization submits a completed renewal 5010 application and the required nonrefundable renewal fee as 5011 provided in s. 566.801 to be deposited into the Alcoholic 5012 Beverage, Marijuana, and Tobacco Trust Fund. 5013 2.The department has not suspended or revoked the license 5014 of the infuser organization for violating this section or rules 5015 adopted under this section. 5016 3.The infuser organization has continued to operate in 5017 accordance with all plans submitted as part of its application 5018 and approved by the department or any amendments thereto that 5019 have been approved by the department. 5020 4.The infuser has submitted an agent, employee, 5021 contracting, and subcontracting diversity report as required by 5022 the department. 5023 5.The infuser has submitted an environmental impact 5024 report. 5025 (b)If an infuser organization fails to renew its license 5026 before expiration, it must cease operations until its license is 5027 renewed. 5028 (c)If an infuser organization agent fails to renew his or 5029 her identification card before its expiration, he or she must 5030 cease working as an agent of the infuser organization until his 5031 or her identification card is renewed. 5032 (d)Any infuser organization that continues to operate or 5033 any infuser organization agent who continues to work as an agent 5034 after the applicable license or identification card has expired 5035 without renewal is subject to the penalties provided under 5036 subsection (5). 5037 (e)The department may not renew a license or an agent 5038 identification card if the applicant is delinquent in filing any 5039 required tax returns or paying any amounts owed to the state. 5040 566.4501Transporting organizations. 5041 (1)ISSUANCE OF LICENSES. 5042 (a)By July 1, 2023, the department shall issue 5043 transporting licenses through a process provided for in this 5044 section. 5045 (b)The department shall make the application for 5046 transporting organization licenses available on January 7, 2023, 5047 and shall receive such applications no later than March 15, 5048 2023. Thereafter, the department shall make available such 5049 applications on every January 7 thereafter, or if that date 5050 falls on a weekend or holiday, the business day immediately 5051 succeeding the weekend or holiday and shall receive such 5052 applications no later than March 15 or the succeeding business 5053 day thereafter. 5054 (2)APPLICATION. 5055 (a)When applying for a transporting organization license, 5056 the applicant shall electronically submit the following in such 5057 form as the department may direct: 5058 1.The nonrefundable application fee as provided in s. 5059 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 5060 and Tobacco Trust Fund. 5061 2.The legal name of the transporting organization. 5062 3.The proposed physical address of the transporting 5063 organization, if one is proposed. 5064 4.The name, address, social security number, and date of 5065 birth of each principal officer and board member of the 5066 transporting organization; each principal officer and board 5067 member shall be at least 21 years of age. 5068 5.The details of any administrative or judicial proceeding 5069 in which any of the principal officers or board members of the 5070 transporting organization: 5071 a.Pled guilty, was convicted, was fined, or had a 5072 registration or license suspended or revoked; or 5073 b.Managed or served on the board of a business or 5074 nonprofit organization that pled guilty, was convicted, was 5075 fined, or had a registration or license suspended or revoked. 5076 6.Proposed operating bylaws that include procedures for 5077 the oversight of the transporting organization, including the 5078 development and implementation of an accurate recordkeeping 5079 plan, staffing plan, and security plan approved by the 5080 Department of Law Enforcement which are in accordance with the 5081 rules issued by the department under this section. The 5082 transporting organization shall perform a physical inventory on 5083 all cannabis on a weekly basis. 5084 7.Verification from the Department of Law Enforcement that 5085 all background checks of the prospective principal officers, 5086 board members, and agents of the transporting organization have 5087 been conducted. 5088 8.A copy of the current local zoning ordinance or permit 5089 and verification that the proposed transporting organization is 5090 in compliance with the local zoning rules and distance 5091 limitations established by the local jurisdiction, if the 5092 transporting organization has a business address. 5093 9.Proposed employment practices, in which the applicant 5094 must demonstrate a plan of action to inform, hire, and educate 5095 minorities, women, veterans, and persons with disabilities, 5096 engage in fair labor practices, and provide worker protections. 5097 10.Whether an applicant can demonstrate experience in or 5098 business practices that promote economic empowerment in 5099 disproportionately impacted areas. 5100 11.The number and types of equipment the transporting 5101 organization will use to transport cannabis and cannabis-infused 5102 products. 5103 12.Loading, transporting, and unloading plans. 5104 13.A description of the applicants experience in the 5105 distribution or security business. 5106 14.The identity of every person having a financial or 5107 voting interest of 5 percent or more in the transporting 5108 organization with respect to which the license is sought, 5109 whether a trust, corporation, partnership, limited liability 5110 company, or sole proprietorship, including the name and address 5111 of each person. 5112 15.Any other information required by rule. 5113 (b)Applicants must submit all required information, 5114 including the information required in subsection (3), to the 5115 department. Failure by an applicant to submit all required 5116 information may result in the application being disqualified. 5117 (c)If the department receives an application with missing 5118 information, the department may issue a deficiency notice to the 5119 applicant. The applicant shall have 10 calendar days after the 5120 date of the deficiency notice to resubmit the incomplete 5121 information. Applications that are still incomplete after this 5122 opportunity to cure will not be scored and will be disqualified. 5123 (3)ISSUING LICENSES. 5124 (a)The department shall by rule develop a system to score 5125 transporter applications to administratively rank applications 5126 based on the clarity, organization, and quality of the 5127 applicants responses to required information. Applicants shall 5128 be awarded points based on the following categories: 5129 1.Suitability of employee training plan. 5130 2.Security and recordkeeping plan. 5131 3.Business plan. 5132 4.The applicants status as a social equity applicant, 5133 which shall constitute no less than 20 percent of total 5134 available points. 5135 5.Labor and employment practices, which shall constitute 5136 no less than 2 percent of total available points. 5137 6.Environmental plan that demonstrates an environmental 5138 plan of action to minimize the carbon footprint, environmental 5139 impact, and resource needs for the transporter, which may 5140 include, without limitation, recycling cannabis product 5141 packaging. 5142 7.The applicant is 51 percent or more owned and controlled 5143 by an individual or individuals who have been residents of this 5144 state for the past 5 years as proved by tax records. 5145 8.The applicant is 51 percent or more controlled and owned 5146 by an individual or individuals who meet the qualifications of a 5147 veteran as defined in s. 1.01(14). 5148 9.A diversity plan that includes a narrative of not more 5149 than 2,500 words that establishes a goal of diversity in 5150 ownership, management, employment, and contracting to ensure 5151 that diverse participants and groups are afforded equality of 5152 opportunity. 5153 10.Any other criteria the department may establish by rule 5154 for points. 5155 (b)The department may also award up to 2 bonus points for 5156 the applicants plan to engage with the community. The applicant 5157 may demonstrate a desire to engage with its community by 5158 participating in one or more of, but not limited to, the 5159 following actions: 5160 1.Establishment of an incubator program designed to 5161 increase participation in the cannabis industry by persons who 5162 would qualify as social equity applicants; 5163 2.Providing financial assistance to substance abuse 5164 treatment centers; 5165 3.Educating children and teens about the potential harms 5166 of cannabis use; or 5167 4.Other measures demonstrating a commitment to the 5168 applicants community. 5169 5170 Bonus points will only be awarded if the department receives 5171 applications that receive an equal score for a particular 5172 region. 5173 (c)Applicants for transportation organization licenses 5174 that score at least 85 percent of available points according to 5175 the system developed by rule and meet all other requirements for 5176 a transporter license shall be issued a license by the 5177 department within 60 days after receiving the application. An 5178 applicant who was licensed as a medical marijuana treatment 5179 center before January 1, 2023, and who meets all other 5180 requirements for a transporter license shall be issued a license 5181 by the department within 60 days after receiving the 5182 application. 5183 (d)Should the applicant be awarded a transportation 5184 organization license, the information and plans that an 5185 applicant provided in its application, including any plans 5186 submitted for the acquiring of bonus points, shall be a 5187 mandatory condition of the permit. Any variation from or failure 5188 to perform such plans may result in discipline, including the 5189 revocation or nonrenewal of a license. 5190 (e)Should the applicant be awarded a transporting 5191 organization license, the applicant shall pay a prorated fee as 5192 provided in s. 566.801 before receiving the license, to be 5193 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 5194 Trust Fund. 5195 (4)DENIAL OF APPLICATION.An application for a 5196 transportation organization license must be denied if any of the 5197 following conditions apply: 5198 (a)The applicant failed to submit the materials required 5199 by this section. 5200 (b)The applicant would not be in compliance with local 5201 zoning rules or permit requirements. 5202 (c)One or more of the prospective principal officers or 5203 board members causes a violation of subsection (5). 5204 (d)One or more of the principal officers or board members 5205 is under 21 years of age. 5206 (e)The person has submitted an application for license 5207 under this chapter that contains false information. 5208 (f)The licensee, principal officer, board member, or 5209 person having a financial or voting interest of 5 percent or 5210 greater in the licensee is delinquent in filing any required tax 5211 returns or paying any amounts owed to the state. 5212 (5)ORGANIZATION REQUIREMENTS; PROHIBITIONS. 5213 (a)The operating documents of a transporting organization 5214 shall include procedures for the oversight of the transporter, 5215 an inventory monitoring system, including a physical inventory 5216 recorded weekly, accurate recordkeeping, and a staffing plan. 5217 (b)A transporting organization may not transport cannabis 5218 or cannabis-infused products to any person other than a 5219 cultivation center, a craft grower, an infuser organization, a 5220 dispensing organization, a testing facility, or as otherwise 5221 authorized by rule. 5222 (c)All cannabis transported by a transporting organization 5223 must be entered into a data collection system and placed into a 5224 cannabis container for transport. 5225 (d)Transporters are subject to random inspections by the 5226 department, the Department of Health, and the Department of Law 5227 Enforcement. 5228 (e)A transporting organization agent shall notify local 5229 law enforcement, the Department of Law Enforcement, and the 5230 department within 24 hours of the discovery of any loss or 5231 theft. Notification shall be made by phone, in person, or by 5232 written or electronic communication. 5233 (f)No person under the age of 21 years shall be in a 5234 commercial vehicle or trailer transporting cannabis goods. 5235 (g)No person who is not a transporting organization agent 5236 shall be in a vehicle while transporting cannabis goods. 5237 (h)Transporters may not use commercial motor vehicles with 5238 a weight rating of over 10,001 pounds. 5239 (i)It is unlawful for any person to offer or deliver 5240 money, or anything else of value, directly or indirectly, to any 5241 of the following persons to obtain preferential placement within 5242 the dispensing organization, including, without limitation, on 5243 shelves and in display cases where purchasers can view products, 5244 or on the dispensing organizations website: 5245 1.A person having a transporting organization license, or 5246 any officer, associate, member, representative, or agent of the 5247 licensee; 5248 2.A person having an early applicant adult use dispensing 5249 organization license, an adult use dispensing organization 5250 license, or a medical marijuana treatment center license; 5251 3.A person connected with or in any way representing, or a 5252 member of the family of, a person holding an early applicant 5253 adult use dispensing organization license, an adult use 5254 dispensing organization license, or a medical marijuana 5255 treatment center license; or 5256 4.A stockholder, officer, manager, agent, or 5257 representative of a corporation engaged in the retail sale of 5258 cannabis, an early applicant adult use dispensing organization 5259 license, an adult use dispensing organization license, or a 5260 medical marijuana treatment center license. 5261 (j)A transportation organization agent must keep his or 5262 her identification card visible at all times when on the 5263 property of a cannabis business establishment and during the 5264 transportation of cannabis when acting under his or her duties 5265 as a transportation organization agent. During these times, the 5266 transporting organization agent must also provide the 5267 identification card upon request of any law enforcement officer 5268 engaged in his or her official duties. 5269 (k)A copy of the transporting organizations registration 5270 and a manifest for the delivery shall be present in any vehicle 5271 transporting cannabis. 5272 (l)Cannabis shall be transported so it is not visible or 5273 recognizable from outside the vehicle. 5274 (m)A vehicle transporting cannabis must not bear any 5275 markings to indicate the vehicle contains cannabis or bear the 5276 name or logo of the cannabis business establishment. 5277 (n)Cannabis must be transported in an enclosed, locked 5278 storage compartment that is secured or affixed to the vehicle. 5279 (o)The department may, by rule, impose any other 5280 requirements or prohibitions on the transportation of cannabis. 5281 (6)IDENTIFICATION CARD. 5282 (a)The department shall: 5283 1.Establish by rule the information required in an initial 5284 application or renewal application for an agent identification 5285 card submitted under this chapter and the nonrefundable fee to 5286 accompany the initial application or renewal application. 5287 2.Verify the information contained in an initial 5288 application or renewal application for an agent identification 5289 card submitted under this section and approve or deny an 5290 application within 30 days after receiving a completed initial 5291 application or renewal application and all supporting 5292 documentation required by rule. 5293 3.Issue an agent identification card to a qualifying agent 5294 within 15 business days after approving the initial application 5295 or renewal application. 5296 4.Enter the license number of the transporting 5297 organization where the agent works. 5298 5.Allow for an electronic initial application and renewal 5299 application process and provide a confirmation by electronic or 5300 other methods that an application has been submitted. The 5301 department may by rule require prospective agents to file their 5302 applications by electronic means and provide notices to the 5303 agents by electronic means. 5304 (b)An agent must keep his or her identification card 5305 visible at all times when on the property of a cannabis business 5306 establishment, including the cannabis business establishment for 5307 which he or she is an agent. 5308 (c)The agent identification cards must contain all of the 5309 following: 5310 1.The name of the cardholder. 5311 2.The date of issuance and expiration date of the 5312 identification card. 5313 3.A random 10-digit alphanumeric identification number 5314 containing at least 4 numbers and at least 4 letters that is 5315 unique to the holder. 5316 4.A photograph of the cardholder. 5317 5.The legal name of the transporting organization 5318 employing the agent. 5319 (d)An agent identification card must be immediately 5320 returned to the transporting organization of the agent upon 5321 termination of his or her employment. 5322 (e)Any agent identification card lost by a transporting 5323 agent must be reported to the Department of Law Enforcement and 5324 the department immediately upon discovery of the loss. 5325 (f)An application for an agent identification card must be 5326 denied if the applicant is delinquent in filing any required tax 5327 returns or paying any amounts owed to this state. 5328 (7)BACKGROUND CHECKS. 5329 (a)Through the Department of Law Enforcement, the 5330 department shall conduct a background check of the prospective 5331 principal officers, board members, and agents of a transporter 5332 applying for a license or identification card under this 5333 section. The Department of Law Enforcement may charge a fee as 5334 provided in s. 943.053. In order to carry out this provision, 5335 each transporting organizations prospective principal officer, 5336 board member, or agent shall submit a full set of fingerprints 5337 to the Department of Law Enforcement for the purpose of 5338 obtaining a state and federal criminal records check. These 5339 fingerprints shall be checked against the fingerprint records 5340 now and hereafter, to the extent allowed by law, filed in the 5341 Department of Law Enforcement and Federal Bureau of 5342 Investigation criminal history records databases. The Department 5343 of Law Enforcement shall furnish, following positive 5344 identification, all conviction information to the department. 5345 (b)When applying for the initial license or identification 5346 card, the background checks for all prospective principal 5347 officers, board members, and agents shall be completed before 5348 submitting the application to the department. 5349 (8)RENEWAL OF LICENSES AND AGENT IDENTIFICATION CARDS. 5350 (a)Licenses and identification cards issued under this 5351 section shall be renewed annually. A transporting organization 5352 must be provided written or electronic notice 90 days before the 5353 expiration of its current license that the license will expire. 5354 The department must grant a renewal within 45 days after 5355 submission of a renewal application if all of the following 5356 conditions are met: 5357 1.The transporting organization submits a completed 5358 renewal application and the required nonrefundable renewal fee 5359 as provided in s. 566.801 to be deposited into the Alcoholic 5360 Beverage, Marijuana, and Tobacco Trust Fund. 5361 2.The department has not suspended or revoked the license 5362 of the transporting organization for violating this chapter or 5363 rules adopted hereunder. 5364 3.The transporting organization has continued to operate 5365 in accordance with all plans submitted as part of its 5366 application and approved by the department or any amendments 5367 thereto which have been approved by the department. 5368 4.The transporter has submitted an agent, employee, 5369 contracting, and subcontracting diversity report as required by 5370 the department. 5371 (b)If a transporting organization fails to renew its 5372 license before expiration, it must cease operations until its 5373 license is renewed. 5374 (c)If a transporting organization agent fails to renew his 5375 or her identification card before its expiration, he or she must 5376 cease working as an agent of the transporting organization until 5377 his or her identification card is renewed. 5378 (d)Any transporting organization that continues to operate 5379 or any transporting organization agent who continues to work as 5380 an agent after the applicable license or identification card has 5381 expired without renewal is subject to the penalties provided 5382 under subsection (5). 5383 (e)The department may not renew a license or an agent 5384 identification card if the applicant is delinquent in filing any 5385 required tax returns or paying any amounts owed to the state. 5386 566.4601Cannabis testing facilities. 5387 (1)Notwithstanding any other law, the following acts, when 5388 performed by a cannabis testing facility with a current, valid 5389 registration, or a person 21 years of age or older who is acting 5390 in his or her capacity as an owner, employee, or agent of a 5391 cannabis testing facility, are not unlawful and are not an 5392 offense under state law or a basis for seizure or forfeiture of 5393 assets under state law: 5394 (a)Possessing, repackaging, transporting, storing, or 5395 displaying cannabis or cannabis-infused products. 5396 (b)Receiving or transporting cannabis or cannabis-infused 5397 products from a cannabis business establishment, a Florida 5398 College System institution licensed under the Florida College 5399 System Cannabis Vocational Pilot Program, or a person 21 years 5400 of age or older. 5401 (c)Returning or transporting cannabis or cannabis-infused 5402 products to a cannabis business establishment, a Florida College 5403 System institution licensed under the Florida College System 5404 Cannabis Vocational Training Pilot Program, or a person 21 years 5405 of age or older. 5406 (2)(a)A laboratory may not handle, test, or analyze 5407 cannabis unless approved by the department in accordance with 5408 this section. 5409 (b)A laboratory may not be approved to handle, test, or 5410 analyze cannabis unless the laboratory: 5411 1.Is accredited by a private laboratory accrediting 5412 organization; 5413 2.Is independent from all other persons involved in the 5414 cannabis industry in this state and no person with a direct or 5415 indirect interest in the laboratory has a direct or indirect 5416 financial, management, or other interest in a Florida 5417 cultivation center, craft grower, dispensary, infuser, 5418 transporter, qualified physician, or any other entity in this 5419 state that may benefit from the production, manufacture, 5420 dispensing, sale, purchase, or use of cannabis; 5421 3.Has employed at least one person to oversee and be 5422 responsible for the laboratory testing who has earned, from a 5423 college or university accredited by a national or regional 5424 certifying authority, at least: 5425 a.A masters level degree in chemical or biological 5426 sciences and a minimum of 2 years post-degree laboratory 5427 experience; or 5428 b.A bachelors degree in chemical or biological sciences 5429 and a minimum of 4 years post-degree laboratory experience; and 5430 4.Each independent testing laboratory that claims to be 5431 accredited provides the department with a copy of the most 5432 recent annual inspection report granting accreditation and every 5433 annual report thereafter. 5434 (3)Immediately before manufacturing or natural processing 5435 of any cannabis or cannabis-infused product or packaging 5436 cannabis for sale to a dispensary, each batch shall be made 5437 available by the cultivation center, craft grower, or infuser 5438 for an employee of an approved laboratory to select a random 5439 sample, which shall be tested by the approved laboratory for: 5440 (a)Microbiological contaminants. 5441 (b)Mycotoxins. 5442 (c)Pesticide active ingredients. 5443 (d)Residual solvent. 5444 (e)An active ingredient analysis. 5445 (4)The department may select a random sample that shall, 5446 for the purposes of conducting an active ingredient analysis, be 5447 tested by the department for verification of label information. 5448 (5)A laboratory shall immediately return or dispose of any 5449 cannabis upon the completion of any testing, use, or research. 5450 If cannabis is disposed of, it must be done in compliance with 5451 department rules. 5452 (6)If a sample of cannabis does not pass the 5453 microbiological, mycotoxin, pesticide chemical residue, or 5454 solvent residue test, based on the standards established by the 5455 department, the following shall apply: 5456 (a)If the sample failed the pesticide chemical residue 5457 test, the entire batch from which the sample was taken shall, if 5458 applicable, be recalled as provided by department rule. 5459 (b)If the sample failed any other test, the batch may be 5460 used to make a carbon dioxide-based or solvent-based extract. 5461 After processing, the carbon dioxide-based or solvent-based 5462 extract must still pass all required tests. 5463 (7)The department shall establish standards for microbial, 5464 mycotoxin, pesticide chemical residue, solvent residue, or other 5465 standards for the presence of possible contaminants, in addition 5466 to labeling requirements for contents and potency. 5467 (8)The laboratory shall file with the department an 5468 electronic copy of each laboratory test result for any batch 5469 that does not pass the microbiological, mycotoxin, or pesticide 5470 chemical residue test at the same time that it transmits those 5471 results to the cultivation center. In addition, the laboratory 5472 shall maintain the laboratory test results for at least 5 years 5473 and make them available at the departments request. 5474 (9)Cultivation centers, craft growers, and infusers shall 5475 provide to a dispensing organization the laboratory test results 5476 for each batch of cannabis product purchased by the dispensing 5477 organization, if sampled. Each dispensary organization must have 5478 those laboratory results available upon request to purchasers. 5479 (10)The department may adopt rules related to testing in 5480 accordance with this section. 5481 566.4701Enforcement and immunities. 5482 (1)Notwithstanding any other criminal penalties related to 5483 the unlawful possession of cannabis, the department may revoke, 5484 suspend, place on probation, reprimand, issue cease and desist 5485 orders, refuse to issue or renew a license, or take any other 5486 disciplinary or nondisciplinary action as each department may 5487 deem proper with regard to a cannabis business establishment or 5488 cannabis business establishment agent, including fines not to 5489 exceed: 5490 (a)By a cultivation center or cultivation center agent, 5491 $50,000 for each violation of this chapter or rules adopted 5492 under this chapter. 5493 (b)By a dispensing organization or dispensing organization 5494 agent, $10,000 for each violation of this chapter or rules 5495 adopted thereunder. 5496 (c)By a craft grower or craft grower agent, $15,000 for 5497 each violation of this chapter or rules adopted thereunder. 5498 (d)By an infuser organization or infuser organization 5499 agent, $10,000 for each violation of this chapter or rules 5500 adopted thereunder. 5501 (e)By a transporting organization or transporting 5502 organization agent, $10,000 for each violation of this chapter 5503 or rules adopted thereunder. 5504 (2)The department shall consider licensee cooperation in 5505 any agency or other investigation in its determination of 5506 penalties imposed under this section. 5507 (3)The procedures for disciplining a cannabis business 5508 establishment or cannabis business establishment agent and for 5509 administrative hearings shall be determined by rule and shall 5510 provide for the review of final decisions under chapter 120. 5511 (4)The Attorney General may also enforce a violation of s. 5512 566.4801 or s. 566.4805 as an unlawful practice under the 5513 Florida Deceptive and Unfair Trade Practices Act. 5514 (5)(a)A cultivation center, craft grower, infuser 5515 organization, or transporting organization is not subject to 5516 prosecution; search or inspection, except by the department, the 5517 Department of Health, or state or local law enforcement under 5518 this chapter; seizure; penalty in any manner, including, but not 5519 limited to, civil penalty; denial of any right or privilege; or 5520 disciplinary action by a business licensing board or entity for 5521 acting under this chapter and rules adopted thereunder to 5522 acquire, possess, cultivate, manufacture, process, deliver, 5523 transfer, transport, supply, or sell cannabis or cannabis 5524 paraphernalia under this chapter. 5525 (b)A licensed cultivation center agent, licensed craft 5526 grower agent, licensed infuser organization agent, or licensed 5527 transporting organization agent is not subject to prosecution; 5528 search; penalty in any manner, including, but not limited to, 5529 civil penalty; denial of any right or privilege; or disciplinary 5530 action by a business licensing board or entity for engaging in 5531 cannabis-related activities authorized under this chapter and 5532 rules adopted thereunder. 5533 (c)A dispensing organization is not subject to 5534 prosecution; search or inspection, except by the department or 5535 state or local law enforcement under this chapter; seizure; 5536 penalty in any manner, including, but not limited to, civil 5537 penalty; denial of any right or privilege; or disciplinary 5538 action by a business licensing board or entity for acting under 5539 this chapter and rules adopted thereunder to acquire, possess, 5540 or dispense cannabis, cannabis-infused products, cannabis 5541 paraphernalia, or related supplies, and educational materials 5542 under this chapter. 5543 (d)A licensed dispensing organization agent is not subject 5544 to prosecution; search; or penalty in any manner, or denial of 5545 any right or privilege, including civil penalty or disciplinary 5546 action by a business licensing board or entity, for working for 5547 a dispensing organization under this chapter and rules adopted 5548 thereunder. 5549 (e)Any cannabis, cannabis-infused product, cannabis 5550 paraphernalia, legal property, or interest in legal property 5551 which is possessed, owned, or used in connection with the use of 5552 cannabis as allowed under this chapter, or acts incidental to 5553 that use, may not be seized or forfeited. This chapter does not 5554 prevent the seizure or forfeiture of cannabis exceeding the 5555 amounts allowed under this chapter, nor does it prevent seizure 5556 or forfeiture if the basis for the action is unrelated to the 5557 cannabis that is possessed, manufactured, transferred, or used 5558 under this chapter. 5559 (f)This chapter does not preclude local or state law 5560 enforcement agencies from searching a cultivation center, craft 5561 grower, infuser organization, transporting organization, or 5562 dispensing organization if there is probable cause to believe 5563 that the criminal laws of this state have been violated and the 5564 search is conducted in conformity with the State Constitution, 5565 the Constitution of the United States, and applicable law. 5566 (g)This chapter does not preclude the Attorney General or 5567 other authorized government agency from investigating or 5568 bringing a civil action against a cannabis business 5569 establishment, or an agent thereof, for a violation of state law 5570 civil rights violations and violations of the Florida Deceptive 5571 and Unfair Trade Practices Act. 5572 (6)Any applicable standards, requirements, and rules 5573 regarding the health and safety, environmental protection, 5574 testing, security, food safety, and worker protections 5575 established by the state shall be the minimum standards for all 5576 licensees under this chapter statewide. Knowing violations of 5577 any state or local law, ordinance, or rule conferring worker 5578 protections or legal rights on the employees of a licensee may 5579 be grounds for disciplinary action under this chapter, in 5580 addition to penalties established elsewhere. 5581 566.4801Advertising and promotions. 5582 (1)A cannabis business establishment and any other person 5583 or entity may not engage in advertising that contains any 5584 statement or illustration that: 5585 (a)Is false or misleading; 5586 (b)Promotes overconsumption of cannabis or cannabis 5587 products; 5588 (c)Depicts the actual consumption of cannabis or cannabis 5589 products; 5590 (d)Depicts a person under 21 years of age consuming 5591 cannabis; 5592 (e)Makes any health, medicinal, or therapeutic claims 5593 about cannabis or cannabis-infused products; 5594 (f)Includes the image of a cannabis leaf or bud; or 5595 (g)Includes any image designed or likely to appeal to 5596 minors, including cartoons, toys, animals, or children, or any 5597 other likeness to images, characters, or phrases that is 5598 designed in any manner to be appealing to or encourage 5599 consumption by persons under 21 years of age. 5600 (2)A cannabis business establishment or any other person 5601 or entity may not place or maintain, or cause to be placed or 5602 maintained, an advertisement of cannabis or a cannabis-infused 5603 product in any form or through any medium: 5604 (a)Within 1,000 feet of the perimeter of school grounds, a 5605 playground, a recreation center or facility, a child care 5606 center, a public park or public library, or a game arcade to 5607 which admission is not restricted to persons 21 years of age or 5608 older; 5609 (b)On or in a public transit vehicle or public transit 5610 shelter; 5611 (c)On or in publicly owned or publicly operated property; 5612 or 5613 (d)Which contains information that: 5614 1.Is false or misleading; 5615 2.Promotes excessive consumption; 5616 3.Depicts a person under 21 years of age consuming 5617 cannabis; 5618 4.Includes the image of a cannabis leaf; or 5619 5.Includes any image designed or likely to appeal to 5620 minors, including cartoons, toys, animals, or children, or any 5621 other likeness to images, characters, or phrases that are 5622 popularly used to advertise to children, or any imitation of 5623 candy packaging or labeling, or that promotes consumption of 5624 cannabis. 5625 (3)Subsections (1) and (2) do not apply to an educational 5626 message. 5627 (4)A cannabis business establishment or any other person 5628 or entity may not encourage the sale of cannabis or cannabis 5629 products by giving away cannabis or cannabis products, by 5630 conducting games or competitions related to the consumption of 5631 cannabis or cannabis products, or by providing promotional 5632 materials or activities of a manner or type that would be 5633 appealing to children. 5634 566.4805Cannabis product packaging and labeling. 5635 (1)Each cannabis product produced for sale must be 5636 registered with the department on forms provided by the 5637 department. Each product registration must include a label and 5638 the required registration fee at the rate established by the 5639 department for a comparable medical cannabis product or as 5640 established by rule. The registration fee is for the name of the 5641 product offered for sale and one fee is sufficient for all 5642 package sizes. 5643 (2)All harvested cannabis intended for distribution to a 5644 cannabis enterprise must be packaged in a sealed, labeled 5645 container. 5646 (3)Any product containing cannabis must be packaged in a 5647 sealed, odor-proof, and child-resistant cannabis container 5648 consistent with current standards, including the Consumer 5649 Product Safety Commission standards referenced by the federal 5650 Poison Prevention Packaging Act. 5651 (4)All cannabis-infused products must be individually 5652 wrapped or packaged at the original point of preparation. The 5653 packaging of the cannabis-infused product must conform to the 5654 labeling requirements of the Florida Drug and Cosmetic Act, in 5655 addition to the other requirements set forth in this section. 5656 (5)Each cannabis product must be labeled before sale and 5657 each label must be securely affixed to the package and must 5658 state all of the following in legible English and any other 5659 language required by the department: 5660 (a)The name and post office box of the registered 5661 cultivation center or craft grower where the item was 5662 manufactured; 5663 (b)The common or usual name of the item and the registered 5664 name of the cannabis product which was registered with the 5665 department under subsection (1); 5666 (c)A unique serial number that will match the product with 5667 a cultivation center or craft grower batch and lot number to 5668 facilitate any warnings or recalls the department, cultivation 5669 center, or craft grower deems appropriate; 5670 (d)The date of final testing and packaging, if sampled, 5671 and the identification of the independent testing laboratory; 5672 (e)The date of harvest and use by date; 5673 (f)The quantity, in ounces or grams, of cannabis contained 5674 in the product; 5675 (g)A pass or fail rating based on the laboratorys 5676 microbiological, mycotoxins, and pesticide and solvent residue 5677 analyses, if sampled; and 5678 (h)1.A list of the following, including the minimum and 5679 maximum percentage content by weight for sub-subparagraphs a. 5680 and b.: 5681 a.Delta-9-tetrahydrocannabinol (THC). 5682 b.Tetrahydrocannabinolic acid (THCA). 5683 c.Cannabidiol (CBD). 5684 d.Cannabidiolic acid (CBDA). 5685 e.All other ingredients of the item, including any colors, 5686 artificial flavors, and preservatives, listed in descending 5687 order by predominance of weight shown with common or usual 5688 names. 5689 2.The acceptable tolerances for the minimum percentage 5690 printed on the label for any of sub-subparagraphs 1.a.-d. may 5691 not be below 85 percent or above 115 percent of the labeled 5692 amount. 5693 (6)Packaging for cannabis products may not contain 5694 information that: 5695 (a)Is false or misleading; 5696 (b)Promotes excessive consumption; 5697 (c)Depicts a person under 21 years of age consuming 5698 cannabis; 5699 (d)Includes the image of a cannabis leaf; 5700 (e)Includes any image designed or likely to appeal to 5701 minors, including cartoons, toys, animals, or children, or any 5702 other likeness to images, characters, or phrases that are 5703 popularly used to advertise to children, or any packaging or 5704 labeling that bears reasonable resemblance to any product 5705 available for consumption as a commercially available candy, or 5706 that promotes consumption of cannabis; or 5707 (f)Contains any seal, flag, crest, coat of arms, or other 5708 insignia likely to mislead the purchaser to believe that the 5709 product has been endorsed, made, or used by the state or any of 5710 its representatives except if authorized by this chapter. 5711 (7)Labeling for cannabis products produced by 5712 concentrating or extracting ingredients from the cannabis plant 5713 must contain the following information, as applicable: 5714 (a)If solvents were used to create the concentrate or 5715 extract, a statement that discloses the type of extraction 5716 method, including any solvents or gases used to create the 5717 concentrate or extract. 5718 (b)Any other chemicals or compounds used to produce or 5719 which were added to the concentrate or extract. 5720 (8)All cannabis products must contain warning statements 5721 established for purchasers, of a size that is legible and 5722 readily visible to a consumer inspecting a package, which may 5723 not be covered or obscured in any way. The Department of Health 5724 shall define and update appropriate health warnings for packages 5725 including specific labeling or warning requirements for specific 5726 cannabis products. 5727 (9)Unless modified by rule to strengthen or respond to new 5728 evidence and science, the following warnings shall apply to all 5729 cannabis products: This product contains cannabis and is 5730 intended for use by adults age 21 and older. Its use can impair 5731 cognition and may be habit forming. This product should not be 5732 used by pregnant or breastfeeding women. It is unlawful to sell 5733 or provide this item to any individual, and it may not be 5734 transported outside the State of Florida. It is illegal to 5735 operate a motor vehicle while under the influence of cannabis. 5736 Possession or use of this product may carry significant legal 5737 penalties in some jurisdictions and under federal law. 5738 (10)Warnings for each of the following product types must 5739 be present on labels if offered for sale to a purchaser: 5740 (a)Cannabis that may be smoked must contain a statement 5741 that Smoking is hazardous to your health. 5742 (b)Cannabis-infused products, other than those intended 5743 for topical application, must contain the following statement 5744 CAUTION: This product contains cannabis and intoxication 5745 following use may be delayed by 2 or more hours. This product 5746 was produced in a facility that cultivates cannabis and that may 5747 also process common food allergens. 5748 (c)Cannabis-infused products intended for topical 5749 application must contain the statement DO NOT EAT in bold, 5750 capital letters. 5751 (11)Each cannabis-infused product intended for consumption 5752 must be individually packaged, must include the total milligram 5753 content of THC and CBD, and may not include more than a total of 5754 100 milligrams of THC per package. A package may contain 5755 multiple servings of 10 milligrams of THC if indicated by 5756 scoring, wrapping, or by other indicators designating individual 5757 serving sizes. The department may change by rule the total 5758 amount of THC allowed for each package or the total amount of 5759 THC allowed for each serving size. 5760 (12)An individual other than the purchaser may not alter 5761 or destroy any labeling affixed to the primary packaging of 5762 cannabis or cannabis-infused products. 5763 (13)For each commercial weighing and measuring device used 5764 at a facility, the cultivation center or craft grower must do 5765 all of the following: 5766 (a)Ensure that the commercial device is regularly 5767 inspected and approved as required under chapter 531. 5768 (b)Maintain documentation of the inspection of the 5769 commercial device. 5770 (c)Provide a copy of the inspection documentation for the 5771 commercial device to the department for review upon request. 5772 (14)It is the responsibility of the department to ensure 5773 that packaging and labeling requirements, including product 5774 warnings, are enforced at all times for products provided to 5775 purchasers. Product registration requirements and container 5776 requirements may be modified by department rule. 5777 (15)The department may modify labeling requirements, 5778 including for warning labels, by rule. 5779 566.5701Local ordinances.Unless otherwise provided under 5780 this chapter or otherwise in accordance with state law: 5781 (1)A unit of local government may enact reasonable zoning 5782 ordinances or resolutions, not in conflict with this chapter or 5783 rules adopted pursuant to this chapter, regulating cannabis 5784 business establishments. A unit of local government, including a 5785 home rule unit or any nonhome rule county within the 5786 unincorporated territory of the county, may not prohibit home 5787 cultivation or unreasonably prohibit use of cannabis authorized 5788 by this chapter. 5789 (2)A unit of local government may enact ordinances or 5790 rules that are not in conflict with this chapter or with rules 5791 adopted pursuant to this chapter governing the time, place, 5792 manner, and number of cannabis business establishment 5793 operations, including minimum distance limitations between 5794 cannabis business establishments and locations it deems 5795 sensitive, such as colleges and universities, through the use of 5796 conditional use permits. A unit of local government may 5797 establish civil penalties for violations of an ordinance or 5798 rules governing the time, place, and manner of operation of a 5799 cannabis business establishment or a conditional use permit in 5800 the jurisdiction of the unit of local government. A unit of 5801 local government may not unreasonably restrict the time, place, 5802 manner, and number of cannabis business establishment operations 5803 authorized by this chapter. 5804 (3)A unit of local government may regulate the on-premises 5805 consumption of cannabis at or in a cannabis business 5806 establishment within its jurisdiction in a manner consistent 5807 with this chapter. A cannabis business establishment or other 5808 entity authorized or permitted by a unit of local government to 5809 allow on-site consumption is not deemed a public place within 5810 the meaning of the Florida Clean Indoor Air Act. 5811 (4)A unit of local government, including a home rule unit 5812 or any nonhome rule county within the unincorporated territory 5813 of the county, may not regulate the activities described in 5814 subsection (1), subsection (2), or subsection (3) in a manner 5815 more restrictive than the regulation of those activities by the 5816 state under this chapter. 5817 (5)A unit of local government may enact ordinances to 5818 prohibit or significantly limit a cannabis business 5819 establishments location. 5820 566.5801Restricted cannabis zones. 5821 (1)As used in this section, the term: 5822 (a)Legal voter means a person who meets all of the 5823 following criteria: 5824 1.Is duly registered to vote in a city with a population 5825 of over 500,000. 5826 2.Whose name appears on a voter list compiled by the 5827 countys supervisor of elections since the last preceding 5828 election, regardless of whether the election was a primary, 5829 general, or special election. 5830 3.Who, at the relevant time, is a resident of the address 5831 at which he or she is registered to vote. 5832 4.Whose address, at the relevant time, is located in the 5833 precinct where such person seeks to circulate or sign a petition 5834 under this section. 5835 (b)Petition means the petition described in this 5836 section. 5837 (c)Precinct means the smallest constituent territory 5838 within a city with a population of over 500,000 in which 5839 electors vote as a unit at the same polling place in any 5840 election governed by the Florida Election Code. 5841 (d)Relevant time means any time that: 5842 1.A notice of intent is filed pursuant to subsection (3) 5843 to initiate the petition process under this section; 5844 2.The petition is circulated for signature in the 5845 applicable precinct; or 5846 3.The petition is signed by registered voters in the 5847 applicable precinct. 5848 (e)Restricted cannabis zone means a precinct within 5849 which home cultivation, one or more types of cannabis business 5850 establishments, or both, has been prohibited pursuant to an 5851 ordinance initiated by a petition under this section. 5852 (2)(a)The legal voters of any precinct within a city with 5853 a population of over 500,000 may petition their city 5854 commissioner, using a petition form made available online by the 5855 city clerk, to introduce an ordinance establishing the precinct 5856 as a restricted zone. Such petition must specify whether it 5857 seeks an ordinance to prohibit, within the precinct: 5858 1.Home cultivation; 5859 2.One or more types of cannabis business establishments; 5860 or 5861 3.Home cultivation and one or more types of cannabis 5862 business establishments. 5863 (b)Upon receiving a petition containing the signatures of 5864 at least 25 percent of the registered voters of the precinct, 5865 and concluding that the petition is legally sufficient following 5866 the posting and review process in subsection (3), the city clerk 5867 shall notify the city commissioner of the district in which the 5868 precinct is located. Upon being notified, that commissioner must 5869 assess the relevant factors within the precinct, including, but 5870 not limited to, its geography, density, and character, the 5871 prevalence of residentially zoned property, current licensed 5872 cannabis business establishments in the precinct, the current 5873 amount of home cultivation in the precinct, and the prevailing 5874 viewpoint with regard to the issue raised in the petition. After 5875 making such an assessment, the commissioner may introduce an 5876 ordinance to the citys governing body creating a restricted 5877 cannabis zone in that precinct. 5878 (3)A person seeking to initiate the petition process 5879 described in this section must first submit to the city clerk 5880 notice of intent to do so on a form made available online by the 5881 city clerk. That notice must include a description of the 5882 potentially affected area and the scope of the restriction 5883 sought. The city clerk shall publicly post the submitted notice 5884 online. To be legally sufficient, a petition must contain the 5885 requisite number of valid signatures and all such signatures 5886 must be obtained within 90 days after the date that the city 5887 clerk publicly posts the notice of intent. Upon receipt, the 5888 city clerk shall post the petition on the municipalitys website 5889 for a 30-day comment period. The city clerk may take all 5890 necessary and appropriate steps to verify the legal sufficiency 5891 of a submitted petition. Following the petition review and 5892 comment period, the city clerk shall publicly post online the 5893 status of the petition as accepted or rejected, and if rejected, 5894 the reasons therefor. If the city clerk rejects a petition as 5895 legally insufficient, a minimum of 12 months must elapse from 5896 the time the city clerk posts the rejection notice before a new 5897 notice of intent for that same precinct may be submitted. 5898 (4)Notwithstanding any law to the contrary, the city may 5899 enact an ordinance creating a restricted cannabis zone. The 5900 ordinance must: 5901 (a)Identify the applicable precinct boundaries as of the 5902 date of the petition; 5903 (b)State whether the ordinance prohibits within the 5904 defined boundaries of the precinct, and in what combination one 5905 or more types of cannabis business establishments, or home 5906 cultivation; 5907 (c)Be in effect for 4 years, unless repealed earlier; and 5908 (d)Once in effect, be subject to renewal by ordinance at 5909 the expiration of the 4-year period without the need for another 5910 supporting petition. 5911 566.601Defense of state law.The Attorney General shall to 5912 the best of the abilities of the office and in good faith 5913 advocate to quash any federal subpoena for records involving 5914 marijuana establishments. 5915 566.602Research.Notwithstanding the provisions of this 5916 chapter regulating the distribution of marijuana, a scientific 5917 or medical researcher who has previously published peer-reviewed 5918 research may purchase, possess, and securely store marijuana for 5919 purposes of conducting research. A scientific or medical 5920 researcher may administer and distribute marijuana to a 5921 participant in research who is at least 21 years of age after 5922 receiving informed consent from that participant. 5923 566.701Construction. 5924 (1)EMPLOYMENT POLICIES.This chapter does not require an 5925 employer to allow or accommodate the use, consumption, 5926 possession, transfer, display, transportation, sale, or growing 5927 of marijuana in the workplace or affect the ability of employers 5928 to have policies restricting the use of marijuana by their 5929 employees. 5930 (2)OPERATING UNDER THE INFLUENCE.This chapter does not 5931 exempt a person from the laws prohibiting operating under the 5932 influence under chapter 316 or chapter 327. 5933 (3)TRANSFER TO MINOR.This chapter does not permit the 5934 transfer of marijuana, with or without remuneration, to a minor 5935 or to allow a minor to purchase, possess, use, transport, grow, 5936 or consume marijuana. 5937 (4)RESTRICTION ON USE OF PROPERTY.This chapter does not 5938 prohibit a person, employer, school, hospital, detention 5939 facility, corporation, or other entity that occupies, owns, or 5940 controls real property from prohibiting or otherwise regulating 5941 the possession, consumption, use, display, transfer, 5942 distribution, sale, transportation, or growing of marijuana on 5943 or in that real property. 5944 (5)COMPASSIONATE USE OF LOW-THC CANNABIS.This chapter 5945 does not apply to the compassionate use of low-THC cannabis 5946 under s. 381.986. 5947 566.702Rulemaking.The division shall adopt any rules 5948 necessary to administer and enforce the provisions of this 5949 chapter. 5950 566.703Good moral character.Engaging in conduct allowed 5951 by this chapter may not be the basis for a finding of a lack of 5952 good moral character as that term is used in the Florida 5953 Statutes. 5954 566.704Penalties for violations.It is unlawful for any 5955 person to violate any provision of this chapter, and any person 5956 who violates any provision of this chapter for which no penalty 5957 has been provided commits a misdemeanor of the second degree, 5958 punishable as provided in s. 775.082 or s. 775.083. Any person 5959 who has been convicted of a violation of any provision of this 5960 chapter and is thereafter convicted of a second or subsequent 5961 violation commits a felony of the third degree, punishable as 5962 provided in s. 775.082, s. 775.083, or s. 775.084. 5963 566.805Cannabis cultivation. 5964 (1)ARREST; SEARCH AND SEIZURE WITHOUT WARRANT.Any duly 5965 authorized employee of the department may arrest without warrant 5966 any person committing in his or her presence a violation of this 5967 section; may without a search warrant inspect all cannabis 5968 located in any place of business; may seize any cannabis in the 5969 possession of the retailer in violation of this chapter; and may 5970 seize any cannabis on which the tax imposed by this section has 5971 not been paid. The cannabis so seized is subject to confiscation 5972 and forfeiture as provided in subsections (2) and (3). 5973 (2)SEIZURE AND FORFEITURE.After seizing any cannabis as 5974 provided in subsection (3), the department must hold a hearing 5975 and determine whether the retailer was properly registered to 5976 sell the cannabis at the time of its seizure by the department. 5977 The department shall give at least 20 days notice of the time 5978 and place of the hearing to the owner of the cannabis, if the 5979 owner is known, and also to the person in whose possession the 5980 cannabis was found, if that person is known and if the person in 5981 possession is not the owner of the cannabis. If neither the 5982 owner nor the person in possession of the cannabis is known, the 5983 department must publish the time and place of the hearing at 5984 least once each week for 3 consecutive weeks in a newspaper of 5985 general circulation in the county where the hearing is to be 5986 held. If, as a result of the hearing, the department determines 5987 that the retailer was not properly registered at the time the 5988 cannabis was seized, the department must enter an order 5989 declaring the cannabis confiscated and forfeited to the state, 5990 to be held by the department for disposal as provided in 5991 subsection (3). The department must give notice of the order to 5992 the owner of the cannabis, if the owner is known, and also to 5993 the person in whose possession the cannabis was found, if that 5994 person is known and if the person in possession is not the owner 5995 of the cannabis. If neither the owner nor the person in 5996 possession of the cannabis is known, the department must publish 5997 the order at least once each week for 3 consecutive weeks in a 5998 newspaper of general circulation in the county where the hearing 5999 was held in accordance with chapter 50. 6000 (3)SEARCH WARRANT; ISSUANCE AND RETURN; PROCESS; 6001 CONFISCATION OF CANNABIS; FORFEITURES. 6002 (a)If a law enforcement officer of this state or any duly 6003 authorized officer or employee of the department has reason to 6004 believe that any violation of this section or a rule adopted 6005 pursuant thereto has occurred and that the person violating this 6006 section or rule has in that persons possession any cannabis in 6007 violation of this section or a rule adopted pursuant thereto, 6008 that law enforcement officer or officer or employee of the 6009 department may file or cause to be filed his or her complaint in 6010 writing, verified by affidavit, with any court within whose 6011 jurisdiction the premises to be searched is situated, stating 6012 the facts upon which the belief is founded, the premises to be 6013 searched, and the property to be seized, and procure a search 6014 warrant and execute that warrant. Upon the execution of the 6015 search warrant, the law enforcement officer or officer or 6016 employee of the department executing the search warrant shall 6017 return the warrant to the court that issued the warrant, 6018 together with an inventory of the property taken under the 6019 warrant. The court must then issue process against the owner of 6020 the property if the owner is known; otherwise, process must be 6021 issued against the person in whose possession the property is 6022 found, if that person is known. In case of inability to serve 6023 process upon the owner or the person in possession of the 6024 property at the time of its seizure, notice of the proceedings 6025 before the court must be given in the same manner as required by 6026 the law governing cases of attachment. Upon the return of the 6027 process duly served or upon the posting or publishing of notice 6028 made, as applicable, the court or jury, if a jury is demanded, 6029 shall determine whether the property seized was held or 6030 possessed in violation of this section or a rule adopted 6031 pursuant thereto. If a violation is found, the court must enter 6032 a judgment confiscating the property and forfeiting it to the 6033 state and ordering its delivery to the department. In addition, 6034 the court may tax and assess the costs of the proceedings. 6035 (b)If any cannabis has been declared forfeited to the 6036 state by the department, as provided in subsection (2) and this 6037 section, and if all proceedings for the judicial review of the 6038 departments decision have concluded, the department must, to 6039 the extent that its decision is sustained on review, destroy or 6040 maintain such cannabis or may use it in an undercover capacity. 6041 (c)The department may, before any destruction of cannabis, 6042 permit the true holder of trademark rights in the cannabis to 6043 inspect such cannabis in order to assist the department in any 6044 investigation regarding such cannabis. 6045 (4)CANNABIS RETAILERS; PURCHASE AND POSSESSION OF 6046 CANNABIS.Cannabis retailers may purchase cannabis for resale 6047 only from cannabis business establishments as authorized by this 6048 chapter. 6049 Section 5.(1)On or before December 1, 2022, the 6050 Department of Business and Professional Regulation shall submit 6051 a report to the Governor, the President of the Senate, and the 6052 Speaker of the House of Representatives regarding the progress 6053 of the cannabis equity grant program. The report shall include, 6054 but is not limited to, the following information: 6055 (a)The number of cannabis equity applicants and general 6056 applicants who received grants under the program. 6057 (b)Any information collected by the program. 6058 (2)The department shall post the report on its website. 6059 Section 6.Paragraph (p) of subsection (1) of section 6060 500.03, Florida Statutes, is amended to read: 6061 500.03Definitions; construction; applicability. 6062 (1)For the purpose of this chapter, the term: 6063 (p)Food establishment means a factory, food outlet, or 6064 other facility manufacturing, processing, packing, holding, or 6065 preparing food or selling food at wholesale or retail. The term 6066 does not include a business or activity that is regulated under 6067 s. 413.051, s. 500.80, chapter 509, or chapter 601. The term 6068 includes a retail marijuana store that sells food containing 6069 marijuana pursuant to chapter 566. The term includes tomato 6070 packinghouses and repackers but does not include any other 6071 establishments that pack fruits and vegetables in their raw or 6072 natural states, including those fruits or vegetables that are 6073 washed, colored, or otherwise treated in their unpeeled, natural 6074 form before they are marketed. 6075 Section 7.Section 500.105, Florida Statutes, is created to 6076 read: 6077 500.105Retail marijuana store food products containing 6078 marijuana.Food products containing marijuana which are prepared 6079 in a food establishment that holds a permit under s. 500.12, if 6080 required, and which are sold by a retail marijuana store 6081 licensed under chapter 566 are not considered adulterated under 6082 this chapter due to the presence of marijuana. 6083 Section 8.Subsection (1) of section 562.13, Florida 6084 Statutes, is amended to read: 6085 562.13Employment of minors or certain other persons by 6086 certain vendors prohibited; exceptions. 6087 (1)Unless otherwise provided in this section, it is 6088 unlawful for any vendor licensed under the Beverage Law or a 6089 licensee under chapter 566 to employ any person under 18 years 6090 of age. 6091 Section 9.Subsection (1) of section 569.0073, Florida 6092 Statutes, is amended to read: 6093 569.0073Special provisions; smoking pipes and smoking 6094 devices. 6095 (1)It is unlawful for any person to offer for sale at 6096 retail any of the items listed in subsection (2) unless such 6097 person: 6098 (a)Has a retail tobacco products dealer permit under s. 6099 569.003 or is a marijuana establishment licensed under s. 6100 566.036. The provisions of this chapter apply to any person who 6101 that offers for retail sale any of the items listed in 6102 subsection (2); and 6103 (b)1.Derives at least 75 percent of its annual gross 6104 revenues from the retail sale of cigarettes, cigars, and other 6105 tobacco products or from marijuana products sold in compliance 6106 with chapter 566; or 6107 2.Derives no more than 25 percent of its annual gross 6108 revenues from the retail sale of the items listed in subsection 6109 (2). 6110 Section 10.Paragraph (c) of subsection (1) of section 6111 893.03, Florida Statutes, is amended to read: 6112 893.03Standards and schedules.The substances enumerated 6113 in this section are controlled by this chapter. The controlled 6114 substances listed or to be listed in Schedules I, II, III, IV, 6115 and V are included by whatever official, common, usual, 6116 chemical, trade name, or class designated. The provisions of 6117 this section shall not be construed to include within any of the 6118 schedules contained in this section any excluded drugs listed 6119 within the purview of 21 C.F.R. s. 1308.22, styled Excluded 6120 Substances; 21 C.F.R. s. 1308.24, styled Exempt Chemical 6121 Preparations; 21 C.F.R. s. 1308.32, styled Exempted 6122 Prescription Products; or 21 C.F.R. s. 1308.34, styled Exempt 6123 Anabolic Steroid Products. 6124 (1)SCHEDULE I.A substance in Schedule I has a high 6125 potential for abuse and has no currently accepted medical use in 6126 treatment in the United States and in its use under medical 6127 supervision does not meet accepted safety standards. The 6128 following substances are controlled in Schedule I: 6129 (c)Unless specifically excepted or unless listed in 6130 another schedule, any material, compound, mixture, or 6131 preparation that contains any quantity of the following 6132 hallucinogenic substances or that contains any of their salts, 6133 isomers, including optical, positional, or geometric isomers, 6134 homologues, nitrogen-heterocyclic analogs, esters, ethers, and 6135 salts of isomers, homologues, nitrogen-heterocyclic analogs, 6136 esters, or ethers, if the existence of such salts, isomers, and 6137 salts of isomers is possible within the specific chemical 6138 designation or class description: 6139 1.Alpha-Ethyltryptamine. 6140 2.4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2 6141 oxazoline). 6142 3.Aminorex (2-Amino-5-phenyl-2-oxazoline). 6143 4.DOB (4-Bromo-2,5-dimethoxyamphetamine). 6144 5.2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 6145 6.Bufotenine. 6146 7.Cannabis. 6147 7.8.Cathinone. 6148 8.9.DET (Diethyltryptamine). 6149 9.10.2,5-Dimethoxyamphetamine. 6150 10.11.DOET (4-Ethyl-2,5-Dimethoxyamphetamine). 6151 11.12.DMT (Dimethyltryptamine). 6152 12.13.PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine 6153 analog of phencyclidine). 6154 13.14.JB-318 (N-Ethyl-3-piperidyl benzilate). 6155 14.15.N-Ethylamphetamine. 6156 15.16.Fenethylline. 6157 16.17.3,4-Methylenedioxy-N-hydroxyamphetamine. 6158 17.18.Ibogaine. 6159 18.19.LSD (Lysergic acid diethylamide). 6160 19.20.Mescaline. 6161 20.21.Methcathinone. 6162 21.22.5-Methoxy-3,4-methylenedioxyamphetamine. 6163 22.23.PMA (4-Methoxyamphetamine). 6164 23.24.PMMA (4-Methoxymethamphetamine). 6165 24.25.DOM (4-Methyl-2,5-dimethoxyamphetamine). 6166 25.26.MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 6167 26.27.MDA (3,4-Methylenedioxyamphetamine). 6168 27.28.JB-336 (N-Methyl-3-piperidyl benzilate). 6169 28.29.N,N-Dimethylamphetamine. 6170 29.30.Parahexyl. 6171 30.31.Peyote. 6172 31.32.PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) 6173 (Pyrrolidine analog of phencyclidine). 6174 32.33.Psilocybin. 6175 33.34.Psilocyn. 6176 34.35.Salvia divinorum, except for any drug product 6177 approved by the United States Food and Drug Administration which 6178 contains Salvia divinorum or its isomers, esters, ethers, salts, 6179 and salts of isomers, esters, and ethers, if the existence of 6180 such isomers, esters, ethers, and salts is possible within the 6181 specific chemical designation. 6182 35.36.Salvinorin A, except for any drug product approved 6183 by the United States Food and Drug Administration which contains 6184 Salvinorin A or its isomers, esters, ethers, salts, and salts of 6185 isomers, esters, and ethers, if the existence of such isomers, 6186 esters, ethers, and salts is possible within the specific 6187 chemical designation. 6188 36.37.Xylazine. 6189 37.38.TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) 6190 (Thiophene analog of phencyclidine). 6191 38.39.3,4,5-Trimethoxyamphetamine. 6192 39.40.Methylone (3,4-Methylenedioxymethcathinone). 6193 40.41.MDPV (3,4-Methylenedioxypyrovalerone). 6194 41.42.Methylmethcathinone. 6195 42.43.Methoxymethcathinone. 6196 43.44.Fluoromethcathinone. 6197 44.45.Methylethcathinone. 6198 45.46.CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan 6199 2-yl)phenol) and its dimethyloctyl (C8) homologue. 6200 46.47.HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3 6201 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 6202 ol]. 6203 47.48.JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 6204 48.49.JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 6205 49.50.JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1 6206 naphthoyl)indole). 6207 50.51.BZP (Benzylpiperazine). 6208 51.52.Fluorophenylpiperazine. 6209 52.53.Methylphenylpiperazine. 6210 53.54.Chlorophenylpiperazine. 6211 54.55.Methoxyphenylpiperazine. 6212 55.56.DBZP (1,4-Dibenzylpiperazine). 6213 56.57.TFMPP (Trifluoromethylphenylpiperazine). 6214 57.58.MBDB (Methylbenzodioxolylbutanamine) or (3,4 6215 Methylenedioxy-N-methylbutanamine). 6216 58.59.5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 6217 59.60.5-Hydroxy-N-methyltryptamine. 6218 60.61.5-MeO-MiPT (5-Methoxy-N-methyl-N 6219 isopropyltryptamine). 6220 61.62.5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 6221 62.63.Methyltryptamine. 6222 63.64.5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 6223 64.65.5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 6224 65.66.Tyramine (4-Hydroxyphenethylamine). 6225 66.67.5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 6226 67.68.DiPT (N,N-Diisopropyltryptamine). 6227 68.69.DPT (N,N-Dipropyltryptamine). 6228 69.70.4-Hydroxy-DiPT (4-Hydroxy-N,N 6229 diisopropyltryptamine). 6230 70.71.5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 6231 71.72.DOI (4-Iodo-2,5-dimethoxyamphetamine). 6232 72.73.DOC (4-Chloro-2,5-dimethoxyamphetamine). 6233 73.74.2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 6234 74.75.2C-T-4 (4-Isopropylthio-2,5 6235 dimethoxyphenethylamine). 6236 75.76.2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 6237 76.77.2C-T (4-Methylthio-2,5-dimethoxyphenethylamine). 6238 77.78.2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine). 6239 78.79.2C-T-7 (4-(n)-Propylthio-2,5 6240 dimethoxyphenethylamine). 6241 79.80.2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 6242 80.81.Butylone (3,4-Methylenedioxy-alpha 6243 methylaminobutyrophenone). 6244 81.82.Ethcathinone. 6245 82.83.Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 6246 83.84.Naphyrone (Naphthylpyrovalerone). 6247 84.85.Dimethylone (3,4-Methylenedioxy-N,N 6248 dimethylcathinone). 6249 85.86.3,4-Methylenedioxy-N,N-diethylcathinone. 6250 86.87.3,4-Methylenedioxy-propiophenone. 6251 87.88.3,4-Methylenedioxy-alpha-bromopropiophenone. 6252 88.89.3,4-Methylenedioxy-propiophenone-2-oxime. 6253 89.90.3,4-Methylenedioxy-N-acetylcathinone. 6254 90.91.3,4-Methylenedioxy-N-acetylmethcathinone. 6255 91.92.3,4-Methylenedioxy-N-acetylethcathinone. 6256 92.93.Bromomethcathinone. 6257 93.94.Buphedrone (alpha-Methylamino-butyrophenone). 6258 94.95.Eutylone (3,4-Methylenedioxy-alpha 6259 ethylaminobutyrophenone). 6260 95.96.Dimethylcathinone. 6261 96.97.Dimethylmethcathinone. 6262 97.98.Pentylone (3,4-Methylenedioxy-alpha 6263 methylaminovalerophenone). 6264 98.99.MDPPP (3,4-Methylenedioxy-alpha 6265 pyrrolidinopropiophenone). 6266 99.100.MDPBP (3,4-Methylenedioxy-alpha 6267 pyrrolidinobutyrophenone). 6268 100.101.MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). 6269 101.102.MPHP (Methyl-alpha-pyrrolidinohexanophenone). 6270 102.103.BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 6271 (Benocyclidine). 6272 103.104.F-MABP (Fluoromethylaminobutyrophenone). 6273 104.105.MeO-PBP (Methoxypyrrolidinobutyrophenone). 6274 105.106.Et-PBP (Ethylpyrrolidinobutyrophenone). 6275 106.107.3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone). 6276 107.108.Me-EABP (Methylethylaminobutyrophenone). 6277 108.109.Etizolam. 6278 109.110.PPP (Pyrrolidinopropiophenone). 6279 110.111.PBP (Pyrrolidinobutyrophenone). 6280 111.112.PVP (Pyrrolidinovalerophenone) or 6281 (Pyrrolidinopentiophenone). 6282 112.113.MPPP (Methyl-alpha-pyrrolidinopropiophenone). 6283 113.114.JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). 6284 114.115.JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole). 6285 115.116.JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 6286 116.117.JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 6287 117.118.JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 6288 118.119.JWH-081 (1-Pentyl-3-(4-methoxy-1 6289 naphthoyl)indole). 6290 119.120.JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 6291 120.121.JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2 6292 methylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 6293 121.122.JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 6294 122.123.JWH-201 (1-Pentyl-3-(4 6295 methoxyphenylacetyl)indole). 6296 123.124.JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole). 6297 124.125.JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). 6298 125.126.JWH-250 (1-Pentyl-3-(2 6299 methoxyphenylacetyl)indole). 6300 126.127.JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole). 6301 127.128.JWH-302 (1-Pentyl-3-(3 6302 methoxyphenylacetyl)indole). 6303 128.129.JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole). 6304 129.130.HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl 6305 3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 6306 ol). 6307 130.131.HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2 6308 methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3 6309 enyl] methanol). 6310 131.132.HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1 6311 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene 6312 1,4-dione). 6313 132.133.CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene). 6314 133.134.CB-25 (N-Cyclopropyl-11-(3-hydroxy-5 6315 pentylphenoxy)-undecanamide). 6316 134.135.CB-52 (N-Cyclopropyl-11-(2-hexyl-5 6317 hydroxyphenoxy)-undecanamide). 6318 135.136.CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5 6319 (2-methyloctan-2-yl)phenol). 6320 136.137.AM-694 (1-(5-Fluoropentyl)-3-(2 6321 iodobenzoyl)indole). 6322 137.138.AM-2201 (1-(5-Fluoropentyl)-3-(1 6323 naphthoyl)indole). 6324 138.139.RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). 6325 139.140.RCS-8 (1-(2-Cyclohexylethyl)-3-(2 6326 methoxyphenylacetyl)indole). 6327 140.141.WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4 6328 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 6329 naphthalenylmethanone). 6330 141.142.WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4 6331 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 6332 naphthalenylmethanone). 6333 142.143.Pentedrone (alpha-Methylaminovalerophenone). 6334 143.144.Fluoroamphetamine. 6335 144.145.Fluoromethamphetamine. 6336 145.146.Methoxetamine. 6337 146.147.Methiopropamine. 6338 147.148.Methylbuphedrone (Methyl-alpha 6339 methylaminobutyrophenone). 6340 148.149.APB ((2-Aminopropyl)benzofuran). 6341 149.150.APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran). 6342 150.151.UR-144 (1-Pentyl-3-(2,2,3,3 6343 tetramethylcyclopropanoyl)indole). 6344 151.152.XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3 6345 tetramethylcyclopropanoyl)indole). 6346 152.153.Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3 6347 tetramethylcyclopropanoyl)indole). 6348 153.154.AKB48 (N-Adamant-1-yl 1-pentylindazole-3 6349 carboxamide). 6350 154.155.AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 6351 iodobenzoyl)indole). 6352 155.156.STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole 6353 3-carboxamide). 6354 156.157.URB-597 ((3-(Aminocarbonyl)[1,1-biphenyl]-3-yl) 6355 cyclohexylcarbamate). 6356 157.158.URB-602 ([1,1-Biphenyl]-3-yl-carbamic acid, 6357 cyclohexyl ester). 6358 158.159.URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1 6359 benzoxazin-4-one). 6360 159.160.2C-D (4-Methyl-2,5-dimethoxyphenethylamine). 6361 160.161.2C-H (2,5-Dimethoxyphenethylamine). 6362 161.162.2C-N (4-Nitro-2,5-dimethoxyphenethylamine). 6363 162.163.2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine). 6364 163.164.25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2 6365 methoxybenzyl)]phenethylamine). 6366 164.165.MDMA (3,4-Methylenedioxymethamphetamine). 6367 165.166.PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). 6368 166.167.Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole 6369 3-carboxylate). 6370 167.168.BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3 6371 carboxylate). 6372 168.169.Fluoro AKB48 (N-Adamant-1-yl 1 6373 (fluoropentyl)indazole-3-carboxamide). 6374 169.170.AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 6375 pentylindazole-3-carboxamide). 6376 170.171.AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) 6377 1-(4-fluorobenzyl)indazole-3-carboxamide). 6378 171.172.ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 6379 yl)-1-pentylindazole-3-carboxamide). 6380 172.173.Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan 6381 2-yl)-1-(fluoropentyl)indole-3-carboxamide). 6382 173.174.25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2 6383 methoxybenzyl)]phenethylamine). 6384 174.175.25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2 6385 methoxybenzyl)]phenethylamine). 6386 175.176.AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) 6387 1-(cyclohexylmethyl)indazole-3-carboxamide). 6388 176.177.FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole 6389 3-carboxylate). 6390 177.178.Fluoro-NNEI (N-Naphthalen-1-yl 1 6391 (fluoropentyl)indole-3-carboxamide). 6392 178.179.Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2 6393 yl)-1-(fluoropentyl)indazole-3-carboxamide). 6394 179.180.THJ-2201 (1-(5-Fluoropentyl)-3-(1 6395 naphthoyl)indazole). 6396 180.181.AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl 6397 1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol). 6398 181.182.AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9 6399 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a 6400 hexahydrobenzo[c]chromen-1-ol). 6401 182.183.AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9 6402 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a 6403 hexahydrobenzo[c]chromen-1-ol). 6404 183.184.AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl) 6405 6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9 6406 diol). 6407 184.185.HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6 6408 dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a 6409 tetrahydro-6aH-benzo[c]chromen-1-ol). 6410 185.186.HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl 6411 6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione). 6412 186.187.MAPB ((2-Methylaminopropyl)benzofuran). 6413 187.188.5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine). 6414 188.189.6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine). 6415 189.190.Synthetic Cannabinoids.Unless specifically 6416 excepted or unless listed in another schedule or contained 6417 within a pharmaceutical product approved by the United States 6418 Food and Drug Administration, any material, compound, mixture, 6419 or preparation that contains any quantity of a synthetic 6420 cannabinoid found to be in any of the following chemical class 6421 descriptions, or homologues, nitrogen-heterocyclic analogs, 6422 isomers (including optical, positional, or geometric), esters, 6423 ethers, salts, and salts of homologues, nitrogen-heterocyclic 6424 analogs, isomers, esters, or ethers, whenever the existence of 6425 such homologues, nitrogen-heterocyclic analogs, isomers, esters, 6426 ethers, salts, and salts of isomers, esters, or ethers is 6427 possible within the specific chemical class or designation. 6428 Since nomenclature of these synthetically produced cannabinoids 6429 is not internationally standardized and may continually evolve, 6430 these structures or the compounds of these structures shall be 6431 included under this subparagraph, regardless of their specific 6432 numerical designation of atomic positions covered, if it can be 6433 determined through a recognized method of scientific testing or 6434 analysis that the substance contains properties that fit within 6435 one or more of the following categories: 6436 a.Tetrahydrocannabinols.Any tetrahydrocannabinols 6437 naturally contained in a plant of the genus Cannabis, the 6438 synthetic equivalents of the substances contained in the plant 6439 or in the resinous extracts of the genus Cannabis, or synthetic 6440 substances, derivatives, and their isomers with similar chemical 6441 structure and pharmacological activity, including, but not 6442 limited to, Delta 9 tetrahydrocannabinols and their optical 6443 isomers, Delta 8 tetrahydrocannabinols and their optical 6444 isomers, Delta 6a,10a tetrahydrocannabinols and their optical 6445 isomers, or any compound containing a tetrahydrobenzo[c]chromene 6446 structure with substitution at either or both the 3-position or 6447 9-position, with or without substitution at the 1-position with 6448 hydroxyl or alkoxy groups, including, but not limited to: 6449 (I)Tetrahydrocannabinol. 6450 (II)HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3 6451 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 6452 ol). 6453 (III)HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3 6454 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1 6455 ol). 6456 (IV)JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3 6457 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 6458 (V)JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan 6459 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 6460 (VI)JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan 6461 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 6462 (VII)JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3 6463 dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 6464 (VIII)AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl) 6465 6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol). 6466 (IX)AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl 6467 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol). 6468 (X)Parahexyl. 6469 b.Naphthoylindoles, Naphthoylindazoles, 6470 Naphthoylcarbazoles, Naphthylmethylindoles, 6471 Naphthylmethylindazoles, and Naphthylmethylcarbazoles.Any 6472 compound containing a naphthoylindole, naphthoylindazole, 6473 naphthoylcarbazole, naphthylmethylindole, 6474 naphthylmethylindazole, or naphthylmethylcarbazole structure, 6475 with or without substitution on the indole, indazole, or 6476 carbazole ring to any extent, whether or not substituted on the 6477 naphthyl ring to any extent, including, but not limited to: 6478 (I)JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). 6479 (II)JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1 6480 naphthoyl)indole). 6481 (III)JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole). 6482 (IV)JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole). 6483 (V)JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 6484 (VI)JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 6485 (VII)JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 6486 (VIII)JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole). 6487 (IX)JWH-071 (1-Ethyl-3-(1-naphthoyl)indole). 6488 (X)JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 6489 (XI)JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 6490 (XII)JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole). 6491 (XIII)JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole). 6492 (XIV)JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1 6493 naphthoyl)indole). 6494 (XV)JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole). 6495 (XVI)JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 6496 (XVII)JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1 6497 naphthoyl)indole). 6498 (XVIII)JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole). 6499 (XIX)JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 6500 (XX)JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole). 6501 (XXI)JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole). 6502 (XXII)JWH-184 (1-Pentyl-3-[(4-methyl)-1 6503 naphthylmethyl]indole). 6504 (XXIII)JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1 6505 naphthoyl)indole). 6506 (XXIV)JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1 6507 naphthoyl)indole). 6508 (XXV)JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1 6509 naphthoyl)indole). 6510 (XXVI)JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). 6511 (XXVII)JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole). 6512 (XXVIII)JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole). 6513 (XXIX)JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole). 6514 (XXX)JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole). 6515 (XXXI)AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1 6516 naphthoyl)indole). 6517 (XXXII)AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1 6518 naphthoyl)indole). 6519 (XXXIII)AM-2201 (1-(5-Fluoropentyl)-3-(1 6520 naphthoyl)indole). 6521 (XXXIV)Chloro JWH-018 (1-(Chloropentyl)-3-(1 6522 naphthoyl)indole). 6523 (XXXV)Bromo JWH-018 (1-(Bromopentyl)-3-(1 6524 naphthoyl)indole). 6525 (XXXVI)AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole). 6526 (XXXVII)THJ-2201 (1-(5-Fluoropentyl)-3-(1 6527 naphthoyl)indazole). 6528 (XXXVIII)MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1 6529 naphthoyl)indole). 6530 (XXXIX)EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1 6531 naphthoyl)indole). 6532 (XL)EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole). 6533 (XLI)EG-2201 (9-(5-Fluoropentyl)-3-(1 6534 naphthoyl)carbazole). 6535 c.Naphthoylpyrroles.Any compound containing a 6536 naphthoylpyrrole structure, with or without substitution on the 6537 pyrrole ring to any extent, whether or not substituted on the 6538 naphthyl ring to any extent, including, but not limited to: 6539 (I)JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole). 6540 (II)JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole). 6541 (III)JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole). 6542 (IV)JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole). 6543 (V)JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole). 6544 (VI)JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1 6545 naphthoyl)pyrrole). 6546 (VII)JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1 6547 naphthoyl)pyrrole). 6548 (VIII)JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1 6549 naphthoyl)pyrrole). 6550 (IX)JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1 6551 naphthoyl)pyrrole). 6552 (X)JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1 6553 naphthoyl)pyrrole). 6554 d.Naphthylmethylenindenes.Any compound containing a 6555 naphthylmethylenindene structure, with or without substitution 6556 at the 3-position of the indene ring to any extent, whether or 6557 not substituted on the naphthyl ring to any extent, including, 6558 but not limited to, JWH-176 (3-Pentyl-1 6559 (naphthylmethylene)indene). 6560 e.Phenylacetylindoles and Phenylacetylindazoles.Any 6561 compound containing a phenylacetylindole or phenylacetylindazole 6562 structure, with or without substitution on the indole or 6563 indazole ring to any extent, whether or not substituted on the 6564 phenyl ring to any extent, including, but not limited to: 6565 (I)JWH-167 (1-Pentyl-3-(phenylacetyl)indole). 6566 (II)JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole). 6567 (III)JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole). 6568 (IV)JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole). 6569 (V)JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole). 6570 (VI)JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole). 6571 (VII)Cannabipiperidiethanone. 6572 (VIII)RCS-8 (1-(2-Cyclohexylethyl)-3-(2 6573 methoxyphenylacetyl)indole). 6574 f.Cyclohexylphenols.Any compound containing a 6575 cyclohexylphenol structure, with or without substitution at the 6576 5-position of the phenolic ring to any extent, whether or not 6577 substituted on the cyclohexyl ring to any extent, including, but 6578 not limited to: 6579 (I)CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2 6580 yl)phenol). 6581 (II)Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8) 6582 homologue). 6583 (III)CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2 6584 methyloctan-2-yl)phenol). 6585 g.Benzoylindoles and Benzoylindazoles.Any compound 6586 containing a benzoylindole or benzoylindazole structure, with or 6587 without substitution on the indole or indazole ring to any 6588 extent, whether or not substituted on the phenyl ring to any 6589 extent, including, but not limited to: 6590 (I)AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole). 6591 (II)AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole). 6592 (III)AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 6593 iodo-5-nitrobenzoyl)indole). 6594 (IV)Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4 6595 methoxybenzoyl)indole). 6596 (V)AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2 6597 iodobenzoyl)indole). 6598 (VI)RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). 6599 (VII)RCS-4 C4 homologue (1-Butyl-3-(4 6600 methoxybenzoyl)indole). 6601 (VIII)AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo 6602 3-(4-methoxybenzoyl)indole). 6603 h.Tetramethylcyclopropanoylindoles and 6604 Tetramethylcyclopropanoylindazoles.Any compound containing a 6605 tetramethylcyclopropanoylindole or 6606 tetramethylcyclopropanoylindazole structure, with or without 6607 substitution on the indole or indazole ring to any extent, 6608 whether or not substituted on the tetramethylcyclopropyl group 6609 to any extent, including, but not limited to: 6610 (I)UR-144 (1-Pentyl-3-(2,2,3,3 6611 tetramethylcyclopropanoyl)indole). 6612 (II)XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3 6613 tetramethylcyclopropanoyl)indole). 6614 (III)Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3 6615 tetramethylcyclopropanoyl)indole). 6616 (IV)A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3 6617 tetramethylcyclopropanoyl)indole). 6618 (V)A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3 6619 tetramethylcyclopropanoyl)indole). 6620 (VI)M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3 6621 tetramethylcyclopropanoyl)indole). 6622 (VII)FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3 6623 tetramethylcyclopropanoyl)indole). 6624 (VIII)FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3 6625 tetramethylcyclopropanoyl)indazole). 6626 (IX)XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3 6627 tetramethylcyclopropanoyl)indole). 6628 (X)AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3 6629 tetramethylcyclopropanoyl)indole). 6630 i.Adamantoylindoles, Adamantoylindazoles, Adamantylindole 6631 carboxamides, and Adamantylindazole carboxamides.Any compound 6632 containing an adamantoyl indole, adamantoyl indazole, adamantyl 6633 indole carboxamide, or adamantyl indazole carboxamide structure, 6634 with or without substitution on the indole or indazole ring to 6635 any extent, whether or not substituted on the adamantyl ring to 6636 any extent, including, but not limited to: 6637 (I)AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide). 6638 (II)Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole 6639 3-carboxamide). 6640 (III)STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3 6641 carboxamide). 6642 (IV)AM-1248 (1-(1-Methylpiperidine)methyl-3-(1 6643 adamantoyl)indole). 6644 (V)AB-001 (1-Pentyl-3-(1-adamantoyl)indole). 6645 (VI)APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide). 6646 (VII)Fluoro AB-001 (1-(Fluoropentyl)-3-(1 6647 adamantoyl)indole). 6648 j.Quinolinylindolecarboxylates, 6649 Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides, 6650 and Quinolinylindazolecarboxamides.Any compound containing a 6651 quinolinylindole carboxylate, quinolinylindazole carboxylate, 6652 isoquinolinylindole carboxylate, isoquinolinylindazole 6653 carboxylate, quinolinylindole carboxamide, quinolinylindazole 6654 carboxamide, isoquinolinylindole carboxamide, or 6655 isoquinolinylindazole carboxamide structure, with or without 6656 substitution on the indole or indazole ring to any extent, 6657 whether or not substituted on the quinoline or isoquinoline ring 6658 to any extent, including, but not limited to: 6659 (I)PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). 6660 (II)Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3 6661 carboxylate). 6662 (III)BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3 6663 carboxylate). 6664 (IV)FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3 6665 carboxylate). 6666 (V)NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate). 6667 (VI)Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole 6668 3-carboxylate). 6669 (VII)FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole 6670 3-carboxylate). 6671 (VIII)THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide). 6672 (IX)Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3 6673 carboxamide). 6674 k.Naphthylindolecarboxylates and 6675 Naphthylindazolecarboxylates.Any compound containing a 6676 naphthylindole carboxylate or naphthylindazole carboxylate 6677 structure, with or without substitution on the indole or 6678 indazole ring to any extent, whether or not substituted on the 6679 naphthyl ring to any extent, including, but not limited to: 6680 (I)NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3 6681 carboxylate). 6682 (II)SDB-005 (1-Naphthalenyl 1-pentylindazole-3 6683 carboxylate). 6684 (III)Fluoro SDB-005 (1-Naphthalenyl 1 6685 (fluoropentyl)indazole-3-carboxylate). 6686 (IV)FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3 6687 carboxylate). 6688 (V)3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3 6689 carboxylate). 6690 l.Naphthylindole carboxamides and Naphthylindazole 6691 carboxamides.Any compound containing a naphthylindole 6692 carboxamide or naphthylindazole carboxamide structure, with or 6693 without substitution on the indole or indazole ring to any 6694 extent, whether or not substituted on the naphthyl ring to any 6695 extent, including, but not limited to: 6696 (I)NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide). 6697 (II)Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole 6698 3-carboxamide). 6699 (III)Chloro-NNEI (N-Naphthalen-1-yl 1 6700 (chloropentyl)indole-3-carboxamide). 6701 (IV)MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3 6702 carboxamide). 6703 (V)Fluoro MN-18 (N-Naphthalen-1-yl 1 6704 (fluoropentyl)indazole-3-carboxamide). 6705 m.Alkylcarbonyl indole carboxamides, Alkylcarbonyl 6706 indazole carboxamides, Alkylcarbonyl indole carboxylates, and 6707 Alkylcarbonyl indazole carboxylates.Any compound containing an 6708 alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl, 6709 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3 6710 phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an 6711 indole carboxamide, indazole carboxamide, indole carboxylate, or 6712 indazole carboxylate, with or without substitution on the indole 6713 or indazole ring to any extent, whether or not substituted on 6714 the alkylcarbonyl group to any extent, including, but not 6715 limited to: 6716 (I)ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1 6717 pentylindole-3-carboxamide). 6718 (II)Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 6719 yl)-1-(fluoropentyl)indole-3-carboxamide). 6720 (III)Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 6721 (fluoropentyl)indole-3-carboxamide). 6722 (IV)AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 6723 pentylindazole-3-carboxamide). 6724 (V)Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) 6725 1-(fluoropentyl)indazole-3-carboxamide). 6726 (VI)ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl) 6727 1-pentylindazole-3-carboxamide). 6728 (VII)Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1 6729 oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide). 6730 (VIII)AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 6731 (4-fluorobenzyl)indazole-3-carboxamide). 6732 (IX)ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 6733 yl)-1-(4-fluorobenzyl)indazole-3-carboxamide). 6734 (X)AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1 6735 (cyclohexylmethyl)indazole-3-carboxamide). 6736 (XI)MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 6737 (cyclohexylmethyl)indazole-3-carboxamide). 6738 (XII)MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2 6739 yl)-1-(cyclohexylmethyl)indazole-3-carboxamide). 6740 (XIII)AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 6741 pentylindazole-3-carboxamide). 6742 (XIV)Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1 6743 (fluoropentyl)indazole-3-carboxamide). 6744 (XV)FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4 6745 fluorobenzyl)indazole-3-carboxamide). 6746 (XVI)MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 6747 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide). 6748 (XVII)MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 6749 2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide). 6750 (XVIII)MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 6751 2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide). 6752 (XIX)PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5 6753 fluoropentyl)indole-3-carboxamide). 6754 (XX)PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5 6755 fluoropentyl)indazole-3-carboxamide). 6756 (XXI)PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1 6757 (cyclohexylmethyl)indazole-3-carboxamide). 6758 (XXII)PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4 6759 fluorobenzyl)indazole-3-carboxamide). 6760 (XXIII)MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan 6761 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate). 6762 n.Cumylindolecarboxamides and Cumylindazolecarboxamides. 6763 Any compound containing a N-(2-phenylpropan-2-yl) indole 6764 carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide 6765 structure, with or without substitution on the indole or 6766 indazole ring to any extent, whether or not substituted on the 6767 phenyl ring of the cumyl group to any extent, including, but not 6768 limited to: 6769 (I)CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3 6770 carboxamide). 6771 (II)Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1 6772 (fluoropentyl)indole-3-carboxamide). 6773 o.Other Synthetic Cannabinoids.Any material, compound, 6774 mixture, or preparation that contains any quantity of a 6775 Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.: 6776 (I)With or without modification or replacement of a 6777 carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage 6778 between either two core rings, or linkage between a core ring 6779 and group structure, with or without the addition of a carbon or 6780 replacement of a carbon; 6781 (II)With or without replacement of a core ring or group 6782 structure, whether or not substituted on the ring or group 6783 structures to any extent; and 6784 (III)Is a cannabinoid receptor agonist, unless 6785 specifically excepted or unless listed in another schedule or 6786 contained within a pharmaceutical product approved by the United 6787 States Food and Drug Administration. 6788 190.191.Substituted Cathinones.Unless specifically 6789 excepted, listed in another schedule, or contained within a 6790 pharmaceutical product approved by the United States Food and 6791 Drug Administration, any material, compound, mixture, or 6792 preparation, including its salts, isomers, esters, or ethers, 6793 and salts of isomers, esters, or ethers, whenever the existence 6794 of such salts is possible within any of the following specific 6795 chemical designations: 6796 a.Any compound containing a 2-amino-1-phenyl-1-propanone 6797 structure; 6798 b.Any compound containing a 2-amino-1-naphthyl-1-propanone 6799 structure; or 6800 c.Any compound containing a 2-amino-1-thiophenyl-1 6801 propanone structure, 6802 6803 whether or not the compound is further modified: 6804 (I)With or without substitution on the ring system to any 6805 extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy, 6806 haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused 6807 dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide 6808 substituents; 6809 (II)With or without substitution at the 3-propanone 6810 position with an alkyl substituent or removal of the methyl 6811 group at the 3-propanone position; 6812 (III)With or without substitution at the 2-amino nitrogen 6813 atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or 6814 not further substituted in the ring system; or 6815 (IV)With or without inclusion of the 2-amino nitrogen atom 6816 in a cyclic structure, including, but not limited to: 6817 (A)Methcathinone. 6818 (B)Ethcathinone. 6819 (C)Methylone (3,4-Methylenedioxymethcathinone). 6820 (D)2,3-Methylenedioxymethcathinone. 6821 (E)MDPV (3,4-Methylenedioxypyrovalerone). 6822 (F)Methylmethcathinone. 6823 (G)Methoxymethcathinone. 6824 (H)Fluoromethcathinone. 6825 (I)Methylethcathinone. 6826 (J)Butylone (3,4-Methylenedioxy-alpha 6827 methylaminobutyrophenone). 6828 (K)Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 6829 (L)BMDP (3,4-Methylenedioxy-N-benzylcathinone). 6830 (M)Naphyrone (Naphthylpyrovalerone). 6831 (N)Bromomethcathinone. 6832 (O)Buphedrone (alpha-Methylaminobutyrophenone). 6833 (P)Eutylone (3,4-Methylenedioxy-alpha 6834 ethylaminobutyrophenone). 6835 (Q)Dimethylcathinone. 6836 (R)Dimethylmethcathinone. 6837 (S)Pentylone (3,4-Methylenedioxy-alpha 6838 methylaminovalerophenone). 6839 (T)Pentedrone (alpha-Methylaminovalerophenone). 6840 (U)MDPPP (3,4-Methylenedioxy-alpha 6841 pyrrolidinopropiophenone). 6842 (V)MDPBP (3,4-Methylenedioxy-alpha 6843 pyrrolidinobutyrophenone). 6844 (W)MPPP (Methyl-alpha-pyrrolidinopropiophenone). 6845 (X)PPP (Pyrrolidinopropiophenone). 6846 (Y)PVP (Pyrrolidinovalerophenone) or 6847 (Pyrrolidinopentiophenone). 6848 (Z)MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). 6849 (AA)MPHP (Methyl-alpha-pyrrolidinohexanophenone). 6850 (BB)F-MABP (Fluoromethylaminobutyrophenone). 6851 (CC)Me-EABP (Methylethylaminobutyrophenone). 6852 (DD)PBP (Pyrrolidinobutyrophenone). 6853 (EE)MeO-PBP (Methoxypyrrolidinobutyrophenone). 6854 (FF)Et-PBP (Ethylpyrrolidinobutyrophenone). 6855 (GG)3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone). 6856 (HH)Dimethylone (3,4-Methylenedioxy-N,N 6857 dimethylcathinone). 6858 (II)3,4-Methylenedioxy-N,N-diethylcathinone. 6859 (JJ)3,4-Methylenedioxy-N-acetylcathinone. 6860 (KK)3,4-Methylenedioxy-N-acetylmethcathinone. 6861 (LL)3,4-Methylenedioxy-N-acetylethcathinone. 6862 (MM)Methylbuphedrone (Methyl-alpha 6863 methylaminobutyrophenone). 6864 (NN)Methyl-alpha-methylaminohexanophenone. 6865 (OO)N-Ethyl-N-methylcathinone. 6866 (PP)PHP (Pyrrolidinohexanophenone). 6867 (QQ)PV8 (Pyrrolidinoheptanophenone). 6868 (RR)Chloromethcathinone. 6869 (SS)4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone. 6870 191.192.Substituted Phenethylamines.Unless specifically 6871 excepted or unless listed in another schedule, or contained 6872 within a pharmaceutical product approved by the United States 6873 Food and Drug Administration, any material, compound, mixture, 6874 or preparation, including its salts, isomers, esters, or ethers, 6875 and salts of isomers, esters, or ethers, whenever the existence 6876 of such salts is possible within any of the following specific 6877 chemical designations, any compound containing a phenethylamine 6878 structure, without a beta-keto group, and without a benzyl group 6879 attached to the amine group, whether or not the compound is 6880 further modified with or without substitution on the phenyl ring 6881 to any extent with alkyl, alkylthio, nitro, alkoxy, thio, 6882 halide, fused alkylenedioxy, fused furan, fused benzofuran, 6883 fused dihydrofuran, or fused tetrahydropyran substituents, 6884 whether or not further substituted on a ring to any extent, with 6885 or without substitution at the alpha or beta position by any 6886 alkyl substituent, with or without substitution at the nitrogen 6887 atom, and with or without inclusion of the 2-amino nitrogen atom 6888 in a cyclic structure, including, but not limited to: 6889 a.2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 6890 b.2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 6891 c.2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine). 6892 d.2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 6893 e.2C-T (4-Methylthio-2,5-dimethoxyphenethylamine). 6894 f.2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine). 6895 g.2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine). 6896 h.2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 6897 i.2C-D (4-Methyl-2,5-dimethoxyphenethylamine). 6898 j.2C-H (2,5-Dimethoxyphenethylamine). 6899 k.2C-N (4-Nitro-2,5-dimethoxyphenethylamine). 6900 l.2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine). 6901 m.MDMA (3,4-Methylenedioxymethamphetamine). 6902 n.MBDB (Methylbenzodioxolylbutanamine) or (3,4 6903 Methylenedioxy-N-methylbutanamine). 6904 o.MDA (3,4-Methylenedioxyamphetamine). 6905 p.2,5-Dimethoxyamphetamine. 6906 q.Fluoroamphetamine. 6907 r.Fluoromethamphetamine. 6908 s.MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 6909 t.DOB (4-Bromo-2,5-dimethoxyamphetamine). 6910 u.DOC (4-Chloro-2,5-dimethoxyamphetamine). 6911 v.DOET (4-Ethyl-2,5-dimethoxyamphetamine). 6912 w.DOI (4-Iodo-2,5-dimethoxyamphetamine). 6913 x.DOM (4-Methyl-2,5-dimethoxyamphetamine). 6914 y.PMA (4-Methoxyamphetamine). 6915 z.N-Ethylamphetamine. 6916 aa.3,4-Methylenedioxy-N-hydroxyamphetamine. 6917 bb.5-Methoxy-3,4-methylenedioxyamphetamine. 6918 cc.PMMA (4-Methoxymethamphetamine). 6919 dd.N,N-Dimethylamphetamine. 6920 ee.3,4,5-Trimethoxyamphetamine. 6921 ff.4-APB (4-(2-Aminopropyl)benzofuran). 6922 gg.5-APB (5-(2-Aminopropyl)benzofuran). 6923 hh.6-APB (6-(2-Aminopropyl)benzofuran). 6924 ii.7-APB (7-(2-Aminopropyl)benzofuran). 6925 jj.4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran). 6926 kk.5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran). 6927 ll.6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran). 6928 mm.7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran). 6929 nn.4-MAPB (4-(2-Methylaminopropyl)benzofuran). 6930 oo.5-MAPB (5-(2-Methylaminopropyl)benzofuran). 6931 pp.6-MAPB (6-(2-Methylaminopropyl)benzofuran). 6932 qq.7-MAPB (7-(2-Methylaminopropyl)benzofuran). 6933 rr.5-EAPB (5-(2-Ethylaminopropyl)benzofuran). 6934 ss.5-MAPDB (5-(2-Methylaminopropyl)-2,3 6935 dihydrobenzofuran), 6936 6937 which does not include phenethylamine, mescaline as described in 6938 subparagraph 19. subparagraph 20., substituted cathinones as 6939 described in subparagraph 190. subparagraph 191., N-Benzyl 6940 phenethylamine compounds as described in subparagraph 192. 6941 subparagraph 193., or methamphetamine as described in 6942 subparagraph (2)(c)5. 6943 192.193.N-Benzyl Phenethylamine Compounds.Unless 6944 specifically excepted or unless listed in another schedule, or 6945 contained within a pharmaceutical product approved by the United 6946 States Food and Drug Administration, any material, compound, 6947 mixture, or preparation, including its salts, isomers, esters, 6948 or ethers, and salts of isomers, esters, or ethers, whenever the 6949 existence of such salts is possible within any of the following 6950 specific chemical designations, any compound containing a 6951 phenethylamine structure without a beta-keto group, with 6952 substitution on the nitrogen atom of the amino group with a 6953 benzyl substituent, with or without substitution on the phenyl 6954 or benzyl ring to any extent with alkyl, alkoxy, thio, 6955 alkylthio, halide, fused alkylenedioxy, fused furan, fused 6956 benzofuran, or fused tetrahydropyran substituents, whether or 6957 not further substituted on a ring to any extent, with or without 6958 substitution at the alpha position by any alkyl substituent, 6959 including, but not limited to: 6960 a.25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2 6961 methoxybenzyl)]phenethylamine). 6962 b.25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2 6963 hydroxybenzyl)]phenethylamine). 6964 c.25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2 6965 fluorobenzyl)]phenethylamine). 6966 d.25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3 6967 methylenedioxybenzyl)]phenethylamine). 6968 e.25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2 6969 methoxybenzyl)]phenethylamine). 6970 f.25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2 6971 hydroxybenzyl)]phenethylamine). 6972 g.25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2 6973 fluorobenzyl)]phenethylamine). 6974 h.25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3 6975 methylenedioxybenzyl)]phenethylamine). 6976 i.25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2 6977 methoxybenzyl)]phenethylamine). 6978 j.25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2 6979 methoxybenzyl)]phenethylamine). 6980 k.25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2 6981 methoxybenzyl)]phenethylamine). 6982 l.25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2 6983 methoxybenzyl)]phenethylamine). 6984 m.25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2 6985 hydroxybenzyl)]phenethylamine). 6986 n.25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2 6987 fluorobenzyl)]phenethylamine). 6988 o.25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3 6989 methylenedioxybenzyl)]phenethylamine). 6990 p.25H-NBOMe (2,5-Dimethoxy-[N-(2 6991 methoxybenzyl)]phenethylamine). 6992 q.25H-NBOH (2,5-Dimethoxy-[N-(2 6993 hydroxybenzyl)]phenethylamine). 6994 r.25H-NBF (2,5-Dimethoxy-[N-(2 6995 fluorobenzyl)]phenethylamine). 6996 s.25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2 6997 methoxybenzyl)]phenethylamine), 6998 6999 which does not include substituted cathinones as described in 7000 subparagraph 190. subparagraph 191. 7001 193.194.Substituted Tryptamines.Unless specifically 7002 excepted or unless listed in another schedule, or contained 7003 within a pharmaceutical product approved by the United States 7004 Food and Drug Administration, any material, compound, mixture, 7005 or preparation containing a 2-(1H-indol-3-yl)ethanamine, for 7006 example tryptamine, structure with or without mono- or di 7007 substitution of the amine nitrogen with alkyl or alkenyl groups, 7008 or by inclusion of the amino nitrogen atom in a cyclic 7009 structure, whether or not substituted at the alpha position with 7010 an alkyl group, whether or not substituted on the indole ring to 7011 any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy 7012 groups, including, but not limited to: 7013 a.Alpha-Ethyltryptamine. 7014 b.Bufotenine. 7015 c.DET (Diethyltryptamine). 7016 d.DMT (Dimethyltryptamine). 7017 e.MET (N-Methyl-N-ethyltryptamine). 7018 f.DALT (N,N-Diallyltryptamine). 7019 g.EiPT (N-Ethyl-N-isopropyltryptamine). 7020 h.MiPT (N-Methyl-N-isopropyltryptamine). 7021 i.5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 7022 j.5-Hydroxy-N-methyltryptamine. 7023 k.5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine). 7024 l.5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 7025 m.Methyltryptamine. 7026 n.5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 7027 o.5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 7028 p.5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 7029 q.DiPT (N,N-Diisopropyltryptamine). 7030 r.DPT (N,N-Dipropyltryptamine). 7031 s.4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). 7032 t.5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 7033 u.4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine). 7034 v.4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine). 7035 w.4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine). 7036 x.4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine). 7037 y.4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N 7038 isopropyltryptamine). 7039 z.Methyl-alpha-ethyltryptamine. 7040 aa.Bromo-DALT (Bromo-N,N-diallyltryptamine), 7041 7042 which does not include tryptamine, psilocyn as described in 7043 subparagraph 33. subparagraph 34., or psilocybin as described in 7044 subparagraph 32. subparagraph 33. 7045 194.195.Substituted Phenylcyclohexylamines.Unless 7046 specifically excepted or unless listed in another schedule, or 7047 contained within a pharmaceutical product approved by the United 7048 States Food and Drug Administration, any material, compound, 7049 mixture, or preparation containing a phenylcyclohexylamine 7050 structure, with or without any substitution on the phenyl ring, 7051 any substitution on the cyclohexyl ring, any replacement of the 7052 phenyl ring with a thiophenyl or benzothiophenyl ring, with or 7053 without substitution on the amine with alkyl, dialkyl, or alkoxy 7054 substituents, inclusion of the nitrogen in a cyclic structure, 7055 or any combination of the above, including, but not limited to: 7056 a.BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 7057 (Benocyclidine). 7058 b.PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog 7059 of phencyclidine). 7060 c.PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine 7061 analog of phencyclidine). 7062 d.PCPr (Phenylcyclohexylpropylamine). 7063 e.TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene 7064 analog of phencyclidine). 7065 f.PCEEA (Phenylcyclohexyl(ethoxyethylamine)). 7066 g.PCMPA (Phenylcyclohexyl(methoxypropylamine)). 7067 h.Methoxetamine. 7068 i.3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine). 7069 j.Bromo-PCP ((Bromophenyl)cyclohexylpiperidine). 7070 k.Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine). 7071 l.Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine). 7072 m.Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine). 7073 n.Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine). 7074 o.Methyl-PCP ((Methylphenyl)cyclohexylpiperidine). 7075 p.Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine). 7076 q.Oxo-PCP ((Oxophenyl)cyclohexylpiperidine). 7077 r.Amino-PCP ((Aminophenyl)cyclohexylpiperidine). 7078 195.196.W-15, 4-chloro-N-[1-(2-phenylethyl)-2 7079 piperidinylidene]-benzenesulfonamide. 7080 196.197.W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2 7081 piperidinylidene]-benzenesulfonamide. 7082 197.198.AH-7921, 3,4-dichloro-N-[[1 7083 (dimethylamino)cyclohexyl]methyl]-benzamide. 7084 198.199.U47700, trans-3,4-dichloro-N-[2 7085 (dimethylamino)cyclohexyl]-N-methyl-benzamide. 7086 199.200.MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl) 7087 piperazine, dihydrochloride. 7088 7089 Section 11.Subsections (3), (6), and (9) of section 7090 893.13, Florida Statutes, are amended, and a new subsection (10) 7091 is added to that section, to read: 7092 893.13Prohibited acts; penalties. 7093 (3)A person who delivers, without consideration, 20 grams 7094 or less of cannabis, as defined in this chapter, commits a 7095 misdemeanor of the first degree, punishable as provided in s. 7096 775.082 or s. 775.083. As used in this subsection, the term 7097 cannabis does not include the resin extracted from the plants 7098 of the genus Cannabis or any compound manufacture, salt, 7099 derivative, mixture, or preparation of such resin. 7100 (5)(a)(6)(a)A person may not be in actual or constructive 7101 possession of a controlled substance unless such controlled 7102 substance was lawfully obtained from a practitioner or pursuant 7103 to a valid prescription or order of a practitioner while acting 7104 in the course of his or her professional practice or to be in 7105 actual or constructive possession of a controlled substance 7106 except as otherwise authorized by this chapter. A person who 7107 violates this provision commits a felony of the third degree, 7108 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 7109 (b)If the offense is the possession of 20 grams or less of 7110 cannabis, as defined in this chapter, the person commits a 7111 misdemeanor of the first degree, punishable as provided in s. 7112 775.082 or s. 775.083. As used in this subsection, the term 7113 cannabis does not include the resin extracted from the plants 7114 of the genus Cannabis, or any compound manufacture, salt, 7115 derivative, mixture, or preparation of such resin. 7116 (b)(c)Except as provided in this chapter, a person may not 7117 possess more than 10 grams of any substance named or described 7118 in s. 893.03(1)(a), (1)(b), or (2)(b), or any combination 7119 thereof, or any mixture containing any such substance. A person 7120 who violates this paragraph commits a felony of the first 7121 degree, punishable as provided in s. 775.082, s. 775.083, or s. 7122 775.084. 7123 (c)(d)If the offense is possession of a controlled 7124 substance named or described in s. 893.03(5), the person commits 7125 a misdemeanor of the second degree, punishable as provided in s. 7126 775.082 or s. 775.083. 7127 (e)Notwithstanding any provision to the contrary of the 7128 laws of this state relating to arrest, a law enforcement officer 7129 may arrest without warrant any person who the officer has 7130 probable cause to believe is violating the provisions of this 7131 chapter relating to possession of cannabis. 7132 (8)(9)The provisions of Subsections (1)-(7) (1)-(8) are 7133 not applicable to the delivery to, or actual or constructive 7134 possession for medical or scientific use or purpose only of 7135 controlled substances by, persons included in any of the 7136 following classes, or the agents or employees of such persons, 7137 for use in the usual course of their business or profession or 7138 in the performance of their official duties: 7139 (a)Pharmacists. 7140 (b)Practitioners. 7141 (c)Persons who procure controlled substances in good faith 7142 and in the course of professional practice only, by or under the 7143 supervision of pharmacists or practitioners employed by them, or 7144 for the purpose of lawful research, teaching, or testing, and 7145 not for resale. 7146 (d)Hospitals that procure controlled substances for lawful 7147 administration by practitioners, but only for use by or in the 7148 particular hospital. 7149 (e)Officers or employees of state, federal, or local 7150 governments acting in their official capacity only, or informers 7151 acting under their jurisdiction. 7152 (f)Common carriers. 7153 (g)Manufacturers, wholesalers, and distributors. 7154 (h)Law enforcement officers for bona fide law enforcement 7155 purposes in the course of an active criminal investigation. 7156 (10)Subsections (1)-(7) are not applicable to conduct 7157 authorized under chapter 566. 7158 Section 12.Subsection (1) of section 893.135, Florida 7159 Statutes, is amended to read: 7160 893.135Trafficking; mandatory sentences; suspension or 7161 reduction of sentences; conspiracy to engage in trafficking. 7162 (1)Except as authorized in this chapter, or in chapter 7163 499, or chapter 566 and notwithstanding the provisions of s. 7164 893.13: 7165 (a)Any person who knowingly sells, purchases, 7166 manufactures, delivers, or brings into this state, or who is 7167 knowingly in actual or constructive possession of, in excess of 7168 25 pounds of cannabis, or 300 or more cannabis plants, commits a 7169 felony of the first degree, which felony shall be known as 7170 trafficking in cannabis, punishable as provided in s. 775.082, 7171 s. 775.083, or s. 775.084. If the quantity of cannabis involved: 7172 1.Is in excess of 25 pounds, but less than 2,000 pounds, 7173 or is 300 or more cannabis plants, but not more than 2,000 7174 cannabis plants, such person shall be sentenced to a mandatory 7175 minimum term of imprisonment of 3 years, and the defendant shall 7176 be ordered to pay a fine of $25,000. 7177 2.Is 2,000 pounds or more, but less than 10,000 pounds, or 7178 is 2,000 or more cannabis plants, but not more than 10,000 7179 cannabis plants, such person shall be sentenced to a mandatory 7180 minimum term of imprisonment of 7 years, and the defendant shall 7181 be ordered to pay a fine of $50,000. 7182 3.Is 10,000 pounds or more, or is 10,000 or more cannabis 7183 plants, such person shall be sentenced to a mandatory minimum 7184 term of imprisonment of 15 calendar years and pay a fine of 7185 $200,000. 7186 7187 For the purpose of this paragraph, a plant, including, but not 7188 limited to, a seedling or cutting, is a cannabis plant if it 7189 has some readily observable evidence of root formation, such as 7190 root hairs. To determine if a piece or part of a cannabis plant 7191 severed from the cannabis plant is itself a cannabis plant, the 7192 severed piece or part must have some readily observable evidence 7193 of root formation, such as root hairs. Callous tissue is not 7194 readily observable evidence of root formation. The viability and 7195 sex of a plant and the fact that the plant may or may not be a 7196 dead harvested plant are not relevant in determining if the 7197 plant is a cannabis plant or in the charging of an offense 7198 under this paragraph. Upon conviction, the court shall impose 7199 the longest term of imprisonment provided for in this paragraph. 7200 (a)1.(b)1.Any person who knowingly sells, purchases, 7201 manufactures, delivers, or brings into this state, or who is 7202 knowingly in actual or constructive possession of, 28 grams or 7203 more of cocaine, as described in s. 893.03(2)(a)4., or of any 7204 mixture containing cocaine, but less than 150 kilograms of 7205 cocaine or any such mixture, commits a felony of the first 7206 degree, which felony shall be known as trafficking in cocaine, 7207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 7208 If the quantity involved: 7209 a.Is 28 grams or more, but less than 200 grams, such 7210 person shall be sentenced to a mandatory minimum term of 7211 imprisonment of 3 years, and the defendant shall be ordered to 7212 pay a fine of $50,000. 7213 b.Is 200 grams or more, but less than 400 grams, such 7214 person shall be sentenced to a mandatory minimum term of 7215 imprisonment of 7 years, and the defendant shall be ordered to 7216 pay a fine of $100,000. 7217 c.Is 400 grams or more, but less than 150 kilograms, such 7218 person shall be sentenced to a mandatory minimum term of 7219 imprisonment of 15 calendar years and pay a fine of $250,000. 7220 2.Any person who knowingly sells, purchases, manufactures, 7221 delivers, or brings into this state, or who is knowingly in 7222 actual or constructive possession of, 150 kilograms or more of 7223 cocaine, as described in s. 893.03(2)(a)4., commits the first 7224 degree felony of trafficking in cocaine. A person who has been 7225 convicted of the first degree felony of trafficking in cocaine 7226 under this subparagraph shall be punished by life imprisonment 7227 and is ineligible for any form of discretionary early release 7228 except pardon or executive clemency or conditional medical 7229 release under s. 947.149. However, if the court determines that, 7230 in addition to committing any act specified in this paragraph: 7231 a.The person intentionally killed an individual or 7232 counseled, commanded, induced, procured, or caused the 7233 intentional killing of an individual and such killing was the 7234 result; or 7235 b.The persons conduct in committing that act led to a 7236 natural, though not inevitable, lethal result, 7237 7238 such person commits the capital felony of trafficking in 7239 cocaine, punishable as provided in ss. 775.082 and 921.142. Any 7240 person sentenced for a capital felony under this paragraph shall 7241 also be sentenced to pay the maximum fine provided under 7242 subparagraph 1. 7243 3.Any person who knowingly brings into this state 300 7244 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 7245 and who knows that the probable result of such importation would 7246 be the death of any person, commits capital importation of 7247 cocaine, a capital felony punishable as provided in ss. 775.082 7248 and 921.142. Any person sentenced for a capital felony under 7249 this paragraph shall also be sentenced to pay the maximum fine 7250 provided under subparagraph 1. 7251 (b)1.(c)1.A person who knowingly sells, purchases, 7252 manufactures, delivers, or brings into this state, or who is 7253 knowingly in actual or constructive possession of, 4 grams or 7254 more of any morphine, opium, hydromorphone, or any salt, 7255 derivative, isomer, or salt of an isomer thereof, including 7256 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 7257 (3)(c)4., or 4 grams or more of any mixture containing any such 7258 substance, but less than 30 kilograms of such substance or 7259 mixture, commits a felony of the first degree, which felony 7260 shall be known as trafficking in illegal drugs, punishable as 7261 provided in s. 775.082, s. 775.083, or s. 775.084. If the 7262 quantity involved: 7263 a.Is 4 grams or more, but less than 14 grams, such person 7264 shall be sentenced to a mandatory minimum term of imprisonment 7265 of 3 years and shall be ordered to pay a fine of $50,000. 7266 b.Is 14 grams or more, but less than 28 grams, such person 7267 shall be sentenced to a mandatory minimum term of imprisonment 7268 of 15 years and shall be ordered to pay a fine of $100,000. 7269 c.Is 28 grams or more, but less than 30 kilograms, such 7270 person shall be sentenced to a mandatory minimum term of 7271 imprisonment of 25 years and shall be ordered to pay a fine of 7272 $500,000. 7273 2.A person who knowingly sells, purchases, manufactures, 7274 delivers, or brings into this state, or who is knowingly in 7275 actual or constructive possession of, 28 grams or more of 7276 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 7277 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 7278 grams or more of any mixture containing any such substance, 7279 commits a felony of the first degree, which felony shall be 7280 known as trafficking in hydrocodone, punishable as provided in 7281 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 7282 a.Is 28 grams or more, but less than 50 grams, such person 7283 shall be sentenced to a mandatory minimum term of imprisonment 7284 of 3 years and shall be ordered to pay a fine of $50,000. 7285 b.Is 50 grams or more, but less than 100 grams, such 7286 person shall be sentenced to a mandatory minimum term of 7287 imprisonment of 7 years and shall be ordered to pay a fine of 7288 $100,000. 7289 c.Is 100 grams or more, but less than 300 grams, such 7290 person shall be sentenced to a mandatory minimum term of 7291 imprisonment of 15 years and shall be ordered to pay a fine of 7292 $500,000. 7293 d.Is 300 grams or more, but less than 30 kilograms, such 7294 person shall be sentenced to a mandatory minimum term of 7295 imprisonment of 25 years and shall be ordered to pay a fine of 7296 $750,000. 7297 3.A person who knowingly sells, purchases, manufactures, 7298 delivers, or brings into this state, or who is knowingly in 7299 actual or constructive possession of, 7 grams or more of 7300 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 7301 thereof, or 7 grams or more of any mixture containing any such 7302 substance, commits a felony of the first degree, which felony 7303 shall be known as trafficking in oxycodone, punishable as 7304 provided in s. 775.082, s. 775.083, or s. 775.084. If the 7305 quantity involved: 7306 a.Is 7 grams or more, but less than 14 grams, such person 7307 shall be sentenced to a mandatory minimum term of imprisonment 7308 of 3 years and shall be ordered to pay a fine of $50,000. 7309 b.Is 14 grams or more, but less than 25 grams, such person 7310 shall be sentenced to a mandatory minimum term of imprisonment 7311 of 7 years and shall be ordered to pay a fine of $100,000. 7312 c.Is 25 grams or more, but less than 100 grams, such 7313 person shall be sentenced to a mandatory minimum term of 7314 imprisonment of 15 years and shall be ordered to pay a fine of 7315 $500,000. 7316 d.Is 100 grams or more, but less than 30 kilograms, such 7317 person shall be sentenced to a mandatory minimum term of 7318 imprisonment of 25 years and shall be ordered to pay a fine of 7319 $750,000. 7320 4.a.A person who knowingly sells, purchases, manufactures, 7321 delivers, or brings into this state, or who is knowingly in 7322 actual or constructive possession of, 4 grams or more of: 7323 (I)Alfentanil, as described in s. 893.03(2)(b)1.; 7324 (II)Carfentanil, as described in s. 893.03(2)(b)6.; 7325 (III)Fentanyl, as described in s. 893.03(2)(b)9.; 7326 (IV)Sufentanil, as described in s. 893.03(2)(b)30.; 7327 (V)A fentanyl derivative, as described in s. 7328 893.03(1)(a)62.; 7329 (VI)A controlled substance analog, as described in s. 7330 893.0356, of any substance described in sub-sub-subparagraphs 7331 (I)-(V); or 7332 (VII)A mixture containing any substance described in sub 7333 sub-subparagraphs (I)-(VI), 7334 7335 commits a felony of the first degree, which felony shall be 7336 known as trafficking in fentanyl, punishable as provided in s. 7337 775.082, s. 775.083, or s. 775.084. 7338 b.If the quantity involved under sub-subparagraph a.: 7339 (I)Is 4 grams or more, but less than 14 grams, such person 7340 shall be sentenced to a mandatory minimum term of imprisonment 7341 of 3 years, and shall be ordered to pay a fine of $50,000. 7342 (II)Is 14 grams or more, but less than 28 grams, such 7343 person shall be sentenced to a mandatory minimum term of 7344 imprisonment of 15 years, and shall be ordered to pay a fine of 7345 $100,000. 7346 (III)Is 28 grams or more, such person shall be sentenced 7347 to a mandatory minimum term of imprisonment of 25 years, and 7348 shall be ordered to pay a fine of $500,000. 7349 5.A person who knowingly sells, purchases, manufactures, 7350 delivers, or brings into this state, or who is knowingly in 7351 actual or constructive possession of, 30 kilograms or more of 7352 any morphine, opium, oxycodone, hydrocodone, codeine, 7353 hydromorphone, or any salt, derivative, isomer, or salt of an 7354 isomer thereof, including heroin, as described in s. 7355 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 7356 more of any mixture containing any such substance, commits the 7357 first degree felony of trafficking in illegal drugs. A person 7358 who has been convicted of the first degree felony of trafficking 7359 in illegal drugs under this subparagraph shall be punished by 7360 life imprisonment and is ineligible for any form of 7361 discretionary early release except pardon or executive clemency 7362 or conditional medical release under s. 947.149. However, if the 7363 court determines that, in addition to committing any act 7364 specified in this paragraph: 7365 a.The person intentionally killed an individual or 7366 counseled, commanded, induced, procured, or caused the 7367 intentional killing of an individual and such killing was the 7368 result; or 7369 b.The persons conduct in committing that act led to a 7370 natural, though not inevitable, lethal result, 7371 7372 such person commits the capital felony of trafficking in illegal 7373 drugs, punishable as provided in ss. 775.082 and 921.142. A 7374 person sentenced for a capital felony under this paragraph shall 7375 also be sentenced to pay the maximum fine provided under 7376 subparagraph 1. 7377 6.A person who knowingly brings into this state 60 7378 kilograms or more of any morphine, opium, oxycodone, 7379 hydrocodone, codeine, hydromorphone, or any salt, derivative, 7380 isomer, or salt of an isomer thereof, including heroin, as 7381 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 7382 60 kilograms or more of any mixture containing any such 7383 substance, and who knows that the probable result of such 7384 importation would be the death of a person, commits capital 7385 importation of illegal drugs, a capital felony punishable as 7386 provided in ss. 775.082 and 921.142. A person sentenced for a 7387 capital felony under this paragraph shall also be sentenced to 7388 pay the maximum fine provided under subparagraph 1. 7389 (c)1.(d)1.Any person who knowingly sells, purchases, 7390 manufactures, delivers, or brings into this state, or who is 7391 knowingly in actual or constructive possession of, 28 grams or 7392 more of phencyclidine, as described in s. 893.03(2)(b)23., a 7393 substituted phenylcyclohexylamine, as described in s. 7394 893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described 7395 in s. 893.03(1)(c)12., 31., 37., 102., or 145. s. 7396 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture 7397 containing phencyclidine, as described in s. 893.03(2)(b)23., a 7398 substituted phenylcyclohexylamine, as described in s. 7399 893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described 7400 in s. 893.03(1)(c)12., 31., 37., 102., or 145. s. 7401 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of 7402 the first degree, which felony shall be known as trafficking in 7403 phencyclidine, punishable as provided in s. 775.082, s. 7404 775.083, or s. 775.084. If the quantity involved: 7405 a.Is 28 grams or more, but less than 200 grams, such 7406 person shall be sentenced to a mandatory minimum term of 7407 imprisonment of 3 years, and the defendant shall be ordered to 7408 pay a fine of $50,000. 7409 b.Is 200 grams or more, but less than 400 grams, such 7410 person shall be sentenced to a mandatory minimum term of 7411 imprisonment of 7 years, and the defendant shall be ordered to 7412 pay a fine of $100,000. 7413 c.Is 400 grams or more, such person shall be sentenced to 7414 a mandatory minimum term of imprisonment of 15 calendar years 7415 and pay a fine of $250,000. 7416 2.Any person who knowingly brings into this state 800 7417 grams or more of phencyclidine, as described in s. 7418 893.03(2)(b)23., a substituted phenylcyclohexylamine, as 7419 described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a 7420 substance described in s. 893.03(1)(c)12., 31., 37., 102., or 7421 145. s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any 7422 mixture containing phencyclidine, as described in s. 7423 893.03(2)(b)23., a substituted phenylcyclohexylamine, as 7424 described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a 7425 substance described in s. 893.03(1)(c)12., 31., 37., 102., or 7426 145. s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows 7427 that the probable result of such importation would be the death 7428 of any person commits capital importation of phencyclidine, a 7429 capital felony punishable as provided in ss. 775.082 and 7430 921.142. Any person sentenced for a capital felony under this 7431 paragraph shall also be sentenced to pay the maximum fine 7432 provided under subparagraph 1. 7433 (d)1.(e)1.Any person who knowingly sells, purchases, 7434 manufactures, delivers, or brings into this state, or who is 7435 knowingly in actual or constructive possession of, 200 grams or 7436 more of methaqualone or of any mixture containing methaqualone, 7437 as described in s. 893.03(1)(d), commits a felony of the first 7438 degree, which felony shall be known as trafficking in 7439 methaqualone, punishable as provided in s. 775.082, s. 775.083, 7440 or s. 775.084. If the quantity involved: 7441 a.Is 200 grams or more, but less than 5 kilograms, such 7442 person shall be sentenced to a mandatory minimum term of 7443 imprisonment of 3 years, and the defendant shall be ordered to 7444 pay a fine of $50,000. 7445 b.Is 5 kilograms or more, but less than 25 kilograms, such 7446 person shall be sentenced to a mandatory minimum term of 7447 imprisonment of 7 years, and the defendant shall be ordered to 7448 pay a fine of $100,000. 7449 c.Is 25 kilograms or more, such person shall be sentenced 7450 to a mandatory minimum term of imprisonment of 15 calendar years 7451 and pay a fine of $250,000. 7452 2.Any person who knowingly brings into this state 50 7453 kilograms or more of methaqualone or of any mixture containing 7454 methaqualone, as described in s. 893.03(1)(d), and who knows 7455 that the probable result of such importation would be the death 7456 of any person commits capital importation of methaqualone, a 7457 capital felony punishable as provided in ss. 775.082 and 7458 921.142. Any person sentenced for a capital felony under this 7459 paragraph shall also be sentenced to pay the maximum fine 7460 provided under subparagraph 1. 7461 (e)1.(f)1.Any person who knowingly sells, purchases, 7462 manufactures, delivers, or brings into this state, or who is 7463 knowingly in actual or constructive possession of, 14 grams or 7464 more of amphetamine, as described in s. 893.03(2)(c)2., or 7465 methamphetamine, as described in s. 893.03(2)(c)5., or of any 7466 mixture containing amphetamine or methamphetamine, or 7467 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 7468 in conjunction with other chemicals and equipment utilized in 7469 the manufacture of amphetamine or methamphetamine, commits a 7470 felony of the first degree, which felony shall be known as 7471 trafficking in amphetamine, punishable as provided in s. 7472 775.082, s. 775.083, or s. 775.084. If the quantity involved: 7473 a.Is 14 grams or more, but less than 28 grams, such person 7474 shall be sentenced to a mandatory minimum term of imprisonment 7475 of 3 years, and the defendant shall be ordered to pay a fine of 7476 $50,000. 7477 b.Is 28 grams or more, but less than 200 grams, such 7478 person shall be sentenced to a mandatory minimum term of 7479 imprisonment of 7 years, and the defendant shall be ordered to 7480 pay a fine of $100,000. 7481 c.Is 200 grams or more, such person shall be sentenced to 7482 a mandatory minimum term of imprisonment of 15 calendar years 7483 and pay a fine of $250,000. 7484 2.Any person who knowingly manufactures or brings into 7485 this state 400 grams or more of amphetamine, as described in s. 7486 893.03(2)(c)2., or methamphetamine, as described in s. 7487 893.03(2)(c)5., or of any mixture containing amphetamine or 7488 methamphetamine, or phenylacetone, phenylacetic acid, 7489 pseudoephedrine, or ephedrine in conjunction with other 7490 chemicals and equipment used in the manufacture of amphetamine 7491 or methamphetamine, and who knows that the probable result of 7492 such manufacture or importation would be the death of any person 7493 commits capital manufacture or importation of amphetamine, a 7494 capital felony punishable as provided in ss. 775.082 and 7495 921.142. Any person sentenced for a capital felony under this 7496 paragraph shall also be sentenced to pay the maximum fine 7497 provided under subparagraph 1. 7498 (f)1.(g)1.Any person who knowingly sells, purchases, 7499 manufactures, delivers, or brings into this state, or who is 7500 knowingly in actual or constructive possession of, 4 grams or 7501 more of flunitrazepam or any mixture containing flunitrazepam as 7502 described in s. 893.03(1)(a) commits a felony of the first 7503 degree, which felony shall be known as trafficking in 7504 flunitrazepam, punishable as provided in s. 775.082, s. 7505 775.083, or s. 775.084. If the quantity involved: 7506 a.Is 4 grams or more but less than 14 grams, such person 7507 shall be sentenced to a mandatory minimum term of imprisonment 7508 of 3 years, and the defendant shall be ordered to pay a fine of 7509 $50,000. 7510 b.Is 14 grams or more but less than 28 grams, such person 7511 shall be sentenced to a mandatory minimum term of imprisonment 7512 of 7 years, and the defendant shall be ordered to pay a fine of 7513 $100,000. 7514 c.Is 28 grams or more but less than 30 kilograms, such 7515 person shall be sentenced to a mandatory minimum term of 7516 imprisonment of 25 calendar years and pay a fine of $500,000. 7517 2.Any person who knowingly sells, purchases, manufactures, 7518 delivers, or brings into this state or who is knowingly in 7519 actual or constructive possession of 30 kilograms or more of 7520 flunitrazepam or any mixture containing flunitrazepam as 7521 described in s. 893.03(1)(a) commits the first degree felony of 7522 trafficking in flunitrazepam. A person who has been convicted of 7523 the first degree felony of trafficking in flunitrazepam under 7524 this subparagraph shall be punished by life imprisonment and is 7525 ineligible for any form of discretionary early release except 7526 pardon or executive clemency or conditional medical release 7527 under s. 947.149. However, if the court determines that, in 7528 addition to committing any act specified in this paragraph: 7529 a.The person intentionally killed an individual or 7530 counseled, commanded, induced, procured, or caused the 7531 intentional killing of an individual and such killing was the 7532 result; or 7533 b.The persons conduct in committing that act led to a 7534 natural, though not inevitable, lethal result, 7535 7536 such person commits the capital felony of trafficking in 7537 flunitrazepam, punishable as provided in ss. 775.082 and 7538 921.142. Any person sentenced for a capital felony under this 7539 paragraph shall also be sentenced to pay the maximum fine 7540 provided under subparagraph 1. 7541 (g)1.(h)1.Any person who knowingly sells, purchases, 7542 manufactures, delivers, or brings into this state, or who is 7543 knowingly in actual or constructive possession of, 1 kilogram or 7544 more of gamma-hydroxybutyric acid (GHB), as described in s. 7545 893.03(1)(d), or any mixture containing gamma-hydroxybutyric 7546 acid (GHB), commits a felony of the first degree, which felony 7547 shall be known as trafficking in gamma-hydroxybutyric acid 7548 (GHB), punishable as provided in s. 775.082, s. 775.083, or s. 7549 775.084. If the quantity involved: 7550 a.Is 1 kilogram or more but less than 5 kilograms, such 7551 person shall be sentenced to a mandatory minimum term of 7552 imprisonment of 3 years, and the defendant shall be ordered to 7553 pay a fine of $50,000. 7554 b.Is 5 kilograms or more but less than 10 kilograms, such 7555 person shall be sentenced to a mandatory minimum term of 7556 imprisonment of 7 years, and the defendant shall be ordered to 7557 pay a fine of $100,000. 7558 c.Is 10 kilograms or more, such person shall be sentenced 7559 to a mandatory minimum term of imprisonment of 15 calendar years 7560 and pay a fine of $250,000. 7561 2.Any person who knowingly manufactures or brings into 7562 this state 150 kilograms or more of gamma-hydroxybutyric acid 7563 (GHB), as described in s. 893.03(1)(d), or any mixture 7564 containing gamma-hydroxybutyric acid (GHB), and who knows that 7565 the probable result of such manufacture or importation would be 7566 the death of any person commits capital manufacture or 7567 importation of gamma-hydroxybutyric acid (GHB), a capital felony 7568 punishable as provided in ss. 775.082 and 921.142. Any person 7569 sentenced for a capital felony under this paragraph shall also 7570 be sentenced to pay the maximum fine provided under subparagraph 7571 1. 7572 (h)1.(i)1.Any person who knowingly sells, purchases, 7573 manufactures, delivers, or brings into this state, or who is 7574 knowingly in actual or constructive possession of, 1 kilogram or 7575 more of gamma-butyrolactone (GBL), as described in s. 7576 893.03(1)(d), or any mixture containing gamma-butyrolactone 7577 (GBL), commits a felony of the first degree, which felony shall 7578 be known as trafficking in gamma-butyrolactone (GBL), 7579 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 7580 If the quantity involved: 7581 a.Is 1 kilogram or more but less than 5 kilograms, such 7582 person shall be sentenced to a mandatory minimum term of 7583 imprisonment of 3 years, and the defendant shall be ordered to 7584 pay a fine of $50,000. 7585 b.Is 5 kilograms or more but less than 10 kilograms, such 7586 person shall be sentenced to a mandatory minimum term of 7587 imprisonment of 7 years, and the defendant shall be ordered to 7588 pay a fine of $100,000. 7589 c.Is 10 kilograms or more, such person shall be sentenced 7590 to a mandatory minimum term of imprisonment of 15 calendar years 7591 and pay a fine of $250,000. 7592 2.Any person who knowingly manufactures or brings into the 7593 state 150 kilograms or more of gamma-butyrolactone (GBL), as 7594 described in s. 893.03(1)(d), or any mixture containing gamma 7595 butyrolactone (GBL), and who knows that the probable result of 7596 such manufacture or importation would be the death of any person 7597 commits capital manufacture or importation of gamma 7598 butyrolactone (GBL), a capital felony punishable as provided in 7599 ss. 775.082 and 921.142. Any person sentenced for a capital 7600 felony under this paragraph shall also be sentenced to pay the 7601 maximum fine provided under subparagraph 1. 7602 (i)1.(j)1.Any person who knowingly sells, purchases, 7603 manufactures, delivers, or brings into this state, or who is 7604 knowingly in actual or constructive possession of, 1 kilogram or 7605 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 7606 any mixture containing 1,4-Butanediol, commits a felony of the 7607 first degree, which felony shall be known as trafficking in 7608 1,4-Butanediol, punishable as provided in s. 775.082, s. 7609 775.083, or s. 775.084. If the quantity involved: 7610 a.Is 1 kilogram or more, but less than 5 kilograms, such 7611 person shall be sentenced to a mandatory minimum term of 7612 imprisonment of 3 years, and the defendant shall be ordered to 7613 pay a fine of $50,000. 7614 b.Is 5 kilograms or more, but less than 10 kilograms, such 7615 person shall be sentenced to a mandatory minimum term of 7616 imprisonment of 7 years, and the defendant shall be ordered to 7617 pay a fine of $100,000. 7618 c.Is 10 kilograms or more, such person shall be sentenced 7619 to a mandatory minimum term of imprisonment of 15 calendar years 7620 and pay a fine of $500,000. 7621 2.Any person who knowingly manufactures or brings into 7622 this state 150 kilograms or more of 1,4-Butanediol as described 7623 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, 7624 and who knows that the probable result of such manufacture or 7625 importation would be the death of any person commits capital 7626 manufacture or importation of 1,4-Butanediol, a capital felony 7627 punishable as provided in ss. 775.082 and 921.142. Any person 7628 sentenced for a capital felony under this paragraph shall also 7629 be sentenced to pay the maximum fine provided under subparagraph 7630 1. 7631 (j)1.(k)1.A person who knowingly sells, purchases, 7632 manufactures, delivers, or brings into this state, or who is 7633 knowingly in actual or constructive possession of, 10 grams or 7634 more of a: 7635 a.Substance described in s. 893.03(1)(c)4., 5., 9., 10., 7636 14., 16., 20.-26., 28., 38., 39.-44., 57., 71.-79., 80.-85., 7637 89.-101., 103.-107., 109.-112., 142.-144., 147.-149., 159.-162., 7638 164., or 186.-188. s. 893.03(1)(c)4., 5., 10., 11., 15., 17., 7639 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 7640 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 7641 187.-189., a substituted cathinone, as described in s. 7642 893.03(1)(c)190. s. 893.03(1)(c)191., or substituted 7643 phenethylamine, as described in s. 893.03(1)(c)191. s. 7644 893.03(1)(c)192.; 7645 b.Mixture containing any substance described in sub 7646 subparagraph a.; or 7647 c.Salt, isomer, ester, or ether or salt of an isomer, 7648 ester, or ether of a substance described in sub-subparagraph a., 7649 7650 commits a felony of the first degree, which felony shall be 7651 known as trafficking in phenethylamines, punishable as 7652 provided in s. 775.082, s. 775.083, or s. 775.084. 7653 2.If the quantity involved under subparagraph 1.: 7654 a.Is 10 grams or more, but less than 200 grams, such 7655 person shall be sentenced to a mandatory minimum term of 7656 imprisonment of 3 years and shall be ordered to pay a fine of 7657 $50,000. 7658 b.Is 200 grams or more, but less than 400 grams, such 7659 person shall be sentenced to a mandatory minimum term of 7660 imprisonment of 7 years and shall be ordered to pay a fine of 7661 $100,000. 7662 c.Is 400 grams or more, such person shall be sentenced to 7663 a mandatory minimum term of imprisonment of 15 years and shall 7664 be ordered to pay a fine of $250,000. 7665 3.A person who knowingly manufactures or brings into this 7666 state 30 kilograms or more of a substance described in sub 7667 subparagraph 1.a., a mixture described in sub-subparagraph 1.b., 7668 or a salt, isomer, ester, or ether or a salt of an isomer, 7669 ester, or ether described in sub-subparagraph 1.c., and who 7670 knows that the probable result of such manufacture or 7671 importation would be the death of any person commits capital 7672 manufacture or importation of phenethylamines, a capital felony 7673 punishable as provided in ss. 775.082 and 921.142. A person 7674 sentenced for a capital felony under this paragraph shall also 7675 be sentenced to pay the maximum fine under subparagraph 2. 7676 (k)1.(l)1.Any person who knowingly sells, purchases, 7677 manufactures, delivers, or brings into this state, or who is 7678 knowingly in actual or constructive possession of, 1 gram or 7679 more of lysergic acid diethylamide (LSD) as described in s. 7680 893.03(1)(c), or of any mixture containing lysergic acid 7681 diethylamide (LSD), commits a felony of the first degree, which 7682 felony shall be known as trafficking in lysergic acid 7683 diethylamide (LSD), punishable as provided in s. 775.082, s. 7684 775.083, or s. 775.084. If the quantity involved: 7685 a.Is 1 gram or more, but less than 5 grams, such person 7686 shall be sentenced to a mandatory minimum term of imprisonment 7687 of 3 years, and the defendant shall be ordered to pay a fine of 7688 $50,000. 7689 b.Is 5 grams or more, but less than 7 grams, such person 7690 shall be sentenced to a mandatory minimum term of imprisonment 7691 of 7 years, and the defendant shall be ordered to pay a fine of 7692 $100,000. 7693 c.Is 7 grams or more, such person shall be sentenced to a 7694 mandatory minimum term of imprisonment of 15 calendar years and 7695 pay a fine of $500,000. 7696 2.Any person who knowingly manufactures or brings into 7697 this state 7 grams or more of lysergic acid diethylamide (LSD) 7698 as described in s. 893.03(1)(c), or any mixture containing 7699 lysergic acid diethylamide (LSD), and who knows that the 7700 probable result of such manufacture or importation would be the 7701 death of any person commits capital manufacture or importation 7702 of lysergic acid diethylamide (LSD), a capital felony punishable 7703 as provided in ss. 775.082 and 921.142. Any person sentenced for 7704 a capital felony under this paragraph shall also be sentenced to 7705 pay the maximum fine provided under subparagraph 1. 7706 (l)1.(m)1.A person who knowingly sells, purchases, 7707 manufactures, delivers, or brings into this state, or who is 7708 knowingly in actual or constructive possession of, 280 grams or 7709 more of a: 7710 a.Substance described in s. 893.03(1)(c)29., 45.-49., 7711 113.-141., 150.-155., 165.-172., or 175.-185. s. 7712 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 7713 176.-186. or a synthetic cannabinoid, as described in s. 7714 893.03(1)(c)189. s. 893.03(1)(c)190.; or 7715 b.Mixture containing any substance described in sub 7716 subparagraph a., 7717 7718 commits a felony of the first degree, which felony shall be 7719 known as trafficking in synthetic cannabinoids, punishable as 7720 provided in s. 775.082, s. 775.083, or s. 775.084. 7721 2.If the quantity involved under subparagraph 1.: 7722 a.Is 280 grams or more, but less than 500 grams, such 7723 person shall be sentenced to a mandatory minimum term of 7724 imprisonment of 3 years, and the defendant shall be ordered to 7725 pay a fine of $50,000. 7726 b.Is 500 grams or more, but less than 1,000 grams, such 7727 person shall be sentenced to a mandatory minimum term of 7728 imprisonment of 7 years, and the defendant shall be ordered to 7729 pay a fine of $100,000. 7730 c.Is 1,000 grams or more, but less than 30 kilograms, such 7731 person shall be sentenced to a mandatory minimum term of 7732 imprisonment of 15 years, and the defendant shall be ordered to 7733 pay a fine of $200,000. 7734 d.Is 30 kilograms or more, such person shall be sentenced 7735 to a mandatory minimum term of imprisonment of 25 years, and the 7736 defendant shall be ordered to pay a fine of $750,000. 7737 (m)1.(n)1.A person who knowingly sells, purchases, 7738 manufactures, delivers, or brings into this state, or who is 7739 knowingly in actual or constructive possession of, 14 grams or 7740 more of: 7741 a.A substance described in s. 893.03(1)(c)163., 173., or 7742 174. s. 893.03(1)(c)164., 174., or 175., a n-benzyl 7743 phenethylamine compound, as described in s. 893.03(1)(c)192. s. 7744 893.03(1)(c)193.; or 7745 b.A mixture containing any substance described in sub 7746 subparagraph a., 7747 7748 commits a felony of the first degree, which felony shall be 7749 known as trafficking in n-benzyl phenethylamines, punishable 7750 as provided in s. 775.082, s. 775.083, or s. 775.084. 7751 2.If the quantity involved under subparagraph 1.: 7752 a.Is 14 grams or more, but less than 100 grams, such 7753 person shall be sentenced to a mandatory minimum term of 7754 imprisonment of 3 years, and the defendant shall be ordered to 7755 pay a fine of $50,000. 7756 b.Is 100 grams or more, but less than 200 grams, such 7757 person shall be sentenced to a mandatory minimum term of 7758 imprisonment of 7 years, and the defendant shall be ordered to 7759 pay a fine of $100,000. 7760 c.Is 200 grams or more, such person shall be sentenced to 7761 a mandatory minimum term of imprisonment of 15 years, and the 7762 defendant shall be ordered to pay a fine of $500,000. 7763 3.A person who knowingly manufactures or brings into this 7764 state 400 grams or more of a substance described in sub 7765 subparagraph 1.a. or a mixture described in sub-subparagraph 7766 1.b., and who knows that the probable result of such manufacture 7767 or importation would be the death of any person commits capital 7768 manufacture or importation of a n-benzyl phenethylamine 7769 compound, a capital felony punishable as provided in ss. 775.082 7770 and 921.142. A person sentenced for a capital felony under this 7771 paragraph shall also be sentenced to pay the maximum fine under 7772 subparagraph 2. 7773 Section 13.Section 893.13501, Florida Statutes, is created 7774 to read: 7775 893.13501Retroactive effect of amendments to ss. 893.03, 7776 893.13, and 893.135.- 7777 (1)It is the intent of the Legislature to retroactively 7778 apply changes to ss. 893.03, 893.13, and 893.135 made by this 7779 act which are applicable to offenders who committed offenses on 7780 or after the effective date of those provisions as originally 7781 enacted. A person who committed an offense and is currently in 7782 the custody of the Department of Corrections or subject to any 7783 form of supervision shall be resentenced as provided in 7784 subsection (2). 7785 (2)Sentence review under this section must occur in the 7786 following manner: 7787 (a)The Department of Corrections shall notify the person 7788 described in subsection (1) of his or her eligibility to request 7789 a sentence review hearing. 7790 (b)The person seeking sentence review under this section 7791 may submit an application to the court of original jurisdiction 7792 requesting that a sentence review hearing be held. The 7793 sentencing court retains original jurisdiction for the duration 7794 of the sentence for this purpose. 7795 (c)A person who is eligible for a sentence review hearing 7796 under this section is entitled to be represented by counsel. The 7797 court must appoint a public defender to represent the person if 7798 he or she cannot afford an attorney. 7799 (d)Upon receiving an application from the eligible person, 7800 the court of original sentencing jurisdiction shall hold a 7801 sentence review hearing to determine if the eligible person 7802 meets the criteria for resentencing or release under this 7803 section. 7804 1.If the person has no further charges remaining, the 7805 person must be released immediately. 7806 2.If the court determines at the sentence review hearing 7807 that the eligible person meets the criteria in this section for 7808 resentencing, the court must resentence the person as provided 7809 in this section; however, the new sentence may not exceed the 7810 persons original sentence with credit for time served. 7811 3.If the court determines that such person does not meet 7812 the criteria for resentencing under this section, the court must 7813 provide written reasons why such person does not meet such 7814 criteria. 7815 (e)A person sentenced or resentenced pursuant to this 7816 section is eligible to receive any gain-time pursuant to s. 7817 944.275 which he or she was previously ineligible to receive due 7818 to the original offense that is now subject to resentencing. 7819 (3)This section does not apply to any offense that had 7820 violence or a threat of violence as an element of the offense. 7821 Section 14.Section 943.0586, Florida Statutes, is created 7822 to read: 7823 943.0586Cannabis offense expunction and sealing. 7824 (1)DEFINITIONS.As used in this section, the term: 7825 (a)Cannabis has the same meaning as provided in s. 7826 893.02. 7827 (b)Expunction has the same meaning as in s. 943.045 and 7828 the same effect as in s. 943.0585. 7829 (c)Former s. 893.13, Florida Statutes 2022, is a 7830 reference to s. 893.13 as it existed at any time before January 7831 1, 2023. 7832 (2)ELIGIBILITY.Notwithstanding any other law, a person is 7833 eligible to petition a court to expunge or seal a criminal 7834 history record for the conviction of a violation of former s. 7835 893.13, Florida Statutes 2022, and, if: 7836 (a)1.The person has a conviction for possession of 30 7837 grams or less of cannabis; and 7838 2.The person is no longer under court supervision related 7839 to the disposition of arrest or alleged criminal activity to 7840 which the petition to expunge pertains, 7841 7842 the record is eligible for sealing. 7843 (b)1.The person has a conviction for possession of 500 7844 grams or less of cannabis; and 7845 2.The person is no longer under court supervision related 7846 to the disposition of arrest or alleged criminal activity to 7847 which the petition to expunge pertains, 7848 7849 the record is eligible for expunction. 7850 (3)CERTIFICATE OF ELIGIBILITY.Before having a record 7851 sealed under this section or petitioning a court to expunge a 7852 criminal history record under this section, a person must apply 7853 to the department for a certificate of eligibility for 7854 expunction. The department shall adopt rules to establish 7855 procedures for applying for and issuing a certificate of 7856 eligibility for expunction. 7857 (a)The department must issue a certificate of eligibility 7858 for expunction to a person who is the subject of a criminal 7859 history record under this section if that person: 7860 1.Satisfies the eligibility criteria in paragraph (2)(a) 7861 or paragraph (2)(b); 7862 2.Has submitted to the department a written certified 7863 statement from the applicable state attorney or statewide 7864 prosecutor which confirms the criminal history record complies 7865 with the criteria in paragraph (2)(a) or paragraph (2)(b); and 7866 3.Has submitted to the department a certified copy of the 7867 disposition of the charge to which the petition to expunge or 7868 seal pertains. 7869 (b)A certificate of eligibility for expunction is valid 7870 for 12 months after the date of issuance stamped by the 7871 department on the certificate. After that time, the petitioner 7872 must reapply to the department for a new certificate of 7873 eligibility. The petitioners status and the law in effect at 7874 the time of the renewal application determine the petitioners 7875 eligibility. 7876 (4)SEALING.Upon determining that a person meets the 7877 criteria in paragraph (2)(a), the department may have his or her 7878 record sealed without a court hearing. The department shall seal 7879 the record as provided in s. 943.0595(3) and shall provide the 7880 person with a certificate of eligibility and a notification 7881 indicating that the record has been sealed. Sealing of a 7882 criminal history record under this subsection has the same 7883 effect, and the department may disclose such a record in the 7884 same manner, as a record sealed under s. 943.059. 7885 (5)PETITION FOR EXPUNCTION.Each petition to expunge a 7886 criminal history record meeting the criteria for expunction 7887 under paragraph (2)(b) must be accompanied by both of the 7888 following: 7889 (a)A valid certificate of eligibility issued by the 7890 department. 7891 (b)The petitioners sworn statement that he or she: 7892 1.Satisfies the eligibility requirements for expunction in 7893 subsection (2); and 7894 2.Is eligible for expunction to the best of his or her 7895 knowledge. 7896 (6)PENALTIES.A person who knowingly provides false 7897 information on his or her sworn statement submitted with a 7898 petition to expunge commits a felony of the third degree, 7899 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 7900 (7)COURT AUTHORITY. 7901 (a)The courts of this state have jurisdiction over their 7902 own procedures, including the maintenance, expunction, and 7903 correction of judicial records containing criminal history 7904 information to the extent that such procedures are not 7905 inconsistent with the conditions, responsibilities, and duties 7906 established by this section. 7907 (b)A court of competent jurisdiction shall order a 7908 criminal justice agency to expunge the criminal history record 7909 of a person who complies with this section. The court may not 7910 order a criminal justice agency to expunge a criminal history 7911 record under this section until the person seeking to expunge a 7912 criminal history record has applied for and received a 7913 certificate of eligibility under subsection (3). 7914 (c)Expunction granted under this section does not prevent 7915 the person who receives such relief from petitioning for the 7916 expunction or sealing of a later criminal history record as 7917 provided for in ss. 943.0583, 943.0585, and 943.059, if the 7918 person is otherwise eligible under those sections. 7919 (8)PROCESSING OF A PETITION OR AN ORDER. 7920 (a)In judicial proceedings under this section, a copy of 7921 the completed petition to expunge must be served upon the 7922 appropriate state attorney or the statewide prosecutor and upon 7923 the arresting agency; however, it is not necessary to make any 7924 agency other than the state a party to the proceeding. The 7925 appropriate state attorney or the statewide prosecutor and the 7926 arresting agency may respond to the court regarding the 7927 completed petition to expunge. 7928 (b)If relief is granted by the court, the clerk of the 7929 court must certify copies of the order to the appropriate state 7930 attorney or the statewide prosecutor and the arresting agency. 7931 The arresting agency shall forward the order to any other agency 7932 to which the arresting agency disseminated the criminal history 7933 record information to which the order pertains. The department 7934 shall forward the order to expunge to the Federal Bureau of 7935 Investigation. The clerk of the court shall certify a copy of 7936 the order to any other agency that the records of the court 7937 reflect has received the criminal history record from the court. 7938 (c)The department or any other criminal justice agency is 7939 not required to act on an order to expunge entered by a court if 7940 such order does not meet the requirements of this section. Upon 7941 receipt of such an order, the department shall notify the 7942 issuing court, the appropriate state attorney or the statewide 7943 prosecutor, the petitioner or the petitioners attorney, and the 7944 arresting agency of the reason for noncompliance. The 7945 appropriate state attorney or the statewide prosecutor shall 7946 take action within 60 days to correct the record and petition 7947 the court to void the order. A cause of action, including 7948 contempt of court, may not arise against any criminal justice 7949 agency for failure to comply with an order to expunge if the 7950 petitioner for such order failed to obtain the certificate of 7951 eligibility as required by this section or such order does not 7952 otherwise meet the requirements of this section. 7953 (9)EFFECT OF CANNABIS OFFENSE EXPUNCTION ORDER. 7954 (a)A person who is the subject of a criminal history 7955 record that is expunged under this section may lawfully deny or 7956 fail to acknowledge the arrests and convictions covered by the 7957 expunged record, except if the person who is the subject of the 7958 record: 7959 1.Is a candidate for employment with a criminal justice 7960 agency; 7961 2.Is a defendant in a criminal prosecution; 7962 3.Concurrently or subsequently petitions for relief under 7963 this section, s. 943.0583, s. 943.0585, or s. 943.059; 7964 4.Is a candidate for admission to The Florida Bar; 7965 5.Is seeking to be employed or licensed by or to contract 7966 with the Department of Children and Families, the Division of 7967 Vocational Rehabilitation within the Department of Education, 7968 the Agency for Health Care Administration, the Agency for 7969 Persons with Disabilities, the Department of Health, the 7970 Department of Elderly Affairs, or the Department of Juvenile 7971 Justice or to be employed or used by such contractor or licensee 7972 in a sensitive position having direct contact with children, 7973 persons with disabilities, or the elderly; 7974 6.Is seeking to be employed or licensed by the Department 7975 of Education, any district school board, any university 7976 laboratory school, any charter school, any private or parochial 7977 school, or any local governmental entity that licenses child 7978 care facilities; 7979 7.Is seeking to be licensed by the Division of Insurance 7980 Agent and Agency Services within the Department of Financial 7981 Services; or 7982 8.Is seeking to be appointed as a guardian pursuant to s. 7983 744.3125. 7984 (b)A person who has been granted an expunction under this 7985 section and is authorized under paragraph (a) to lawfully deny 7986 or fail to acknowledge the arrests and convictions covered by an 7987 expunged record may not be held under any law of this state to 7988 have committed perjury or to be otherwise liable for giving a 7989 false statement by reason of his or her failure to recite or 7990 acknowledge an expunged criminal history record. 7991 Section 15.Paragraph (a) of subsection (3) of section 7992 943.0595, Florida Statutes, is amended to read: 7993 943.0595Automatic sealing of criminal history records. 7994 (3)PROCESS FOR AND EFFECT OF AUTOMATIC SEALING. 7995 (a)1.Upon the disposition of a criminal case resulting in 7996 a criminal history record eligible for automatic sealing under 7997 paragraph (2)(a), the clerk of the court shall transmit a 7998 certified copy of the disposition of the criminal history record 7999 to the department., 8000 2.The department which shall immediately seal the criminal 8001 history record upon receipt of the certified copy under 8002 subparagraph 1. or if the department determines, upon a request 8003 made under s. 943.0586, that a record is eligible for sealing 8004 under s. 943.0586(2)(a). 8005 Section 16.Florida College System Cannabis Vocational 8006 Pilot Program. 8007 (1)DEFINITIONS.In this section, the term: 8008 (a)Board means the State Board of Education. 8009 (b)Career in Cannabis Certificate or certificate means 8010 the certification awarded to a community college student who 8011 completes a prescribed course of study in cannabis and cannabis 8012 industry-related classes and curriculum at a Florida College 8013 System institution awarded a program license. 8014 (c)Florida College System institution has the same 8015 meaning as provided in s. 1000.21, Florida Statutes. 8016 (d)Department means the Department of Business and 8017 Professional Regulation. 8018 (e)Licensee means a Florida College System institution 8019 awarded a program license under this section. 8020 (f)Program means the Florida College System Cannabis 8021 Vocational Pilot Program. 8022 (g)Program license means a Florida College System 8023 Cannabis Vocational Pilot Program license issued to a Florida 8024 College System institution under this section. 8025 (2)ADMINISTRATION. 8026 (a)The department shall establish and administer the 8027 program in coordination with the board. The department may issue 8028 up to eight program licenses by September 1, 2023. 8029 (b)Beginning with the 2024-2025 academic year, Florida 8030 College System institutions awarded program licenses may offer 8031 qualifying students a Career in Cannabis Certificate, which 8032 includes courses that allow participating students to work with, 8033 study, and grow live cannabis plants to prepare students for a 8034 career in the legal cannabis industry and that instruct 8035 participating students on the best business practices, 8036 professional responsibilities, and compliance with laws and 8037 rules governing the cannabis industry. 8038 (c)The board may adopt rules to implement this section. 8039 (d)Notwithstanding any other provision of this section, 8040 students must be at least 18 years of age in order to enroll in 8041 a licensees Career in Cannabis Certificates prescribed course 8042 of study. 8043 (3)ISSUANCE OF LICENSES. 8044 (a)The department shall adopt rules regulating the 8045 selection criteria for applicants for a program license by 8046 January 1, 2023. The department shall make the application for a 8047 program license available no later than February 1, 2023, and 8048 must require applicants to submit their completed applications 8049 by July 1, 2023. 8050 (b)The department shall develop by rule a system to score 8051 program applicants and administratively rank applications based 8052 on the clarity, organization, and quality of an applicants 8053 responses to required information. Applicants shall be awarded 8054 points that are based on or that meet the following categories: 8055 1.Geographic diversity of the applicants. 8056 2.Experience and credentials of the applicants faculty. 8057 3.At least five program licenses must be awarded to 8058 Florida College System institutions where, for the preceding 4 8059 years, more than 50 percent of the student population consisted 8060 of low-income individuals. 8061 4.Security plan, including a requirement that all cannabis 8062 plants be in an enclosed, locked facility. 8063 5.Curriculum plan, including processing and testing 8064 curriculum for the Career in Cannabis Certificate. 8065 6.Career advising and placement plan for participating 8066 students. 8067 7.Any other criteria the department may set by rule. 8068 (4)PROGRAM REQUIREMENTS AND PROHIBITIONS. 8069 (a)Licensees may not have more than 50 flowering cannabis 8070 plants at any one time. 8071 (b)The agent-in-charge shall keep a vault log of the 8072 licensees enclosed, locked facility or facilities, including, 8073 but not limited to, each person entering the site location, the 8074 time of entrance, the time of exit, and any other information 8075 the department may set by rule. 8076 (c)Cannabis may not be removed from the licensees 8077 facility except for the limited purpose of shipping a sample to 8078 a laboratory registered under chapter 566, Florida Statutes. 8079 (d)The licensee must limit keys, access cards, and access 8080 codes to the licensees enclosed, locked facility or facilities 8081 to cannabis curriculum faculty and college security personnel 8082 with a bona fide need to access the facility for emergency 8083 purposes. 8084 (e)A transporting organization may transport cannabis 8085 produced pursuant to this section to a laboratory registered 8086 under chapter 566, Florida Statutes. All other cannabis produced 8087 by the licensee which was not shipped to a registered laboratory 8088 must be destroyed within 5 weeks after being harvested. 8089 (f)Licensees shall subscribe to the departments cannabis 8090 plant monitoring system. 8091 (g)Licensees shall maintain a weekly inventory system. 8092 (h)A student participating in the cannabis curriculum 8093 necessary to obtain a certificate may not be in the licensees 8094 facility unless a faculty agent-in-charge is also physically 8095 present in the facility. 8096 (i)Licensees shall conduct post-certificate follow-up 8097 surveys and record a participating students job placement in 8098 the cannabis industry within 1 year after the student obtains 8099 the certificate. 8100 (j)The board shall report annually to the department on 8101 the race, ethnicity, and gender of all students participating in 8102 the cannabis curriculum and which of those students obtain a 8103 certificate. 8104 (5)FACULTY. 8105 (a)All faculty members must maintain registration as an 8106 agent-in-charge and have a valid agent identification card under 8107 subsection (8) before teaching or participating in the 8108 licensees cannabis curriculum that involves instruction offered 8109 in the enclosed, locked facility or facilities. 8110 (b)All faculty members receiving an agent-in-charge 8111 registration or agent identification card must successfully pass 8112 a background check required by s. 566.3018, Florida Statutes, 8113 before participating in a licensees cannabis curriculum that 8114 involves instruction offered in the enclosed, locked facility. 8115 (6)ENFORCEMENT. 8116 (a)The department has the authority to suspend a faculty 8117 agent-in-charge or revoke an agent identification card for any 8118 violation found under this section. 8119 (b)The department has the authority to suspend or revoke 8120 any program license for any violation found under this section. 8121 (c)The board shall revoke the Florida College System 8122 institutions authority to offer the certificate if the 8123 institution has its license revoked by the department. 8124 (7)INSPECTION RIGHTS. 8125 (a)A licensees enclosed, locked facilities are subject to 8126 random inspections by the department and the Department of Law 8127 Enforcement. 8128 (b)This section does not give the department or the 8129 Department of Law Enforcement a right of inspection or access to 8130 any location on the licensees premises beyond the facilities 8131 licensed under this section. 8132 (8)FACULTY IDENTIFICATION CARD. 8133 (a)The department shall do all of the following: 8134 1.Establish by rule the information required in an initial 8135 application or renewal application for an agent identification 8136 card submitted under this section and the nonrefundable fee to 8137 accompany the initial application or renewal application. 8138 2.Verify the information contained in an initial 8139 application or renewal application for an agent identification 8140 card submitted under this section, and approve or deny an 8141 application within 30 days after receiving a completed initial 8142 application or renewal application and all supporting 8143 documentation required by rule. 8144 3.Issue an agent identification card to a qualifying agent 8145 within 15 business days after approving the initial application 8146 or renewal application. 8147 4.Enter the license number of the Florida College System 8148 institution where the agent is employed. 8149 5.Allow for an electronic initial application and renewal 8150 application process and provide confirmation by electronic or 8151 other methods that an application has been submitted. Each 8152 department may by rule require prospective agents to file their 8153 applications by electronic means and to provide notices to the 8154 agents by electronic means. 8155 (b)An agent must keep his or her identification card 8156 visible at all times when in the enclosed, locked facility or 8157 facilities for which he or she is an agent. 8158 (c)The agent identification cards must contain all of the 8159 following: 8160 1.The name of the cardholder. 8161 2.The date of issuance and expiration date of the 8162 identification card. 8163 3.A random 10-digit alphanumeric identification number 8164 containing at least four numbers and at least four letters which 8165 is unique to the holder. 8166 4.A photograph of the cardholder. 8167 5.The legal name of the Florida College System institution 8168 employing the agent. 8169 (d)An agent, upon termination of his or her employment, 8170 must immediately return his or her agent identification card to 8171 the Florida College System institution. 8172 (e)An agent must, upon discovery of the loss of his or her 8173 agent identification card, immediately report the loss to the 8174 Department of Law Enforcement and the department. 8175 (9)STUDY.By December 31, 2028, the board must issue a 8176 report to the Governor, the President of the Senate, and the 8177 Speaker of the House of Representatives which includes all of 8178 the following: 8179 (a)The number of security incidents or infractions 8180 reported by each licensee and any action taken. 8181 (b)For Florida College System institutions participating 8182 in the program, statistics based on race, ethnicity, and gender 8183 for all of the following: 8184 1.Students enrolled in Career in Cannabis Certificate 8185 classes. 8186 2.Successful completion rates for the certificate by 8187 Florida College System institution students. 8188 3.Postgraduate job placement of students who obtained a 8189 certificate, including both cannabis business establishment jobs 8190 and noncannabis business establishment jobs. 8191 4.Any other relevant information. 8192 (10)REPEAL.This section is repealed July 1, 2029. 8193 Section 17.Subsections (9), (10), and (16) of section 8194 210.01, Florida Statutes, are amended to read: 8195 210.01Definitions.When used in this part the following 8196 words shall have the meaning herein indicated: 8197 (9)Agent means any person authorized by the Division of 8198 Alcoholic Beverages, Marijuana, and Tobacco to purchase and 8199 affix adhesive stamps under this part. 8200 (10)Division means the Division of Alcoholic Beverages, 8201 Marijuana, and Tobacco of the Department of Business and 8202 Professional Regulation. 8203 (16)Manufacturers representative means a person who 8204 represents a manufacturer of cigarettes but who has no place of 8205 business in this state where cigarettes are stored. A 8206 manufacturers representative is required to obtain any 8207 cigarettes required by her or him through a wholesale dealer in 8208 this state and to make such reports as may be required by the 8209 Division of Alcoholic Beverages, Marijuana, and Tobacco of the 8210 Department of Business and Professional Regulation. 8211 Section 18.Section 210.10, Florida Statutes, is amended to 8212 read: 8213 210.10General powers of the Division of Alcoholic 8214 Beverages, Marijuana, and Tobacco.The Division of Alcoholic 8215 Beverages, Marijuana, and Tobacco has authority to adopt rules 8216 pursuant to ss. 120.536(1) and 120.54 to implement the 8217 provisions of this part. All cigarette permits issued hereunder 8218 must shall have printed thereon a notice to the effect that such 8219 permit is issued subject to the provisions of this part and such 8220 rules. The division shall provide upon request without charge to 8221 any applicant for a permit a copy of this part and the rules 8222 prescribed by it pursuant hereto. 8223 Section 19.Section 210.13, Florida Statutes, is amended to 8224 read: 8225 210.13Determination of tax on failure to file a return.If 8226 a dealer or other person required to remit the tax under this 8227 part fails to file any return required under this part or, 8228 having filed an incorrect or insufficient return, fails to file 8229 a correct or sufficient return, as the case may require, within 8230 10 days after the giving of notice to the dealer or other person 8231 by the Division of Alcoholic Beverages, Marijuana, and Tobacco 8232 that such return or corrected or sufficient return is required, 8233 the division must shall determine the amount of tax due by such 8234 dealer or other person any time within 3 years after the making 8235 of the earliest sale included in such determination and give 8236 written notice of such determination to such dealer or other 8237 person. Such a determination must shall finally and irrevocably 8238 fix the tax unless the dealer or other person against whom it is 8239 assessed, within 30 days after the giving of notice of such 8240 determination, applies to the division for a hearing. Judicial 8241 review may shall not be granted unless the amount of tax stated 8242 in the decision, with penalties thereon, if any, is first 8243 deposited with the division, and an undertaking or bond filed in 8244 the court in which such cause may be pending in such amount and 8245 with such sureties as the court shall approve, conditioned that 8246 if such proceeding be dismissed or the decision of the division 8247 confirmed, the applicant for review will pay all costs and 8248 charges which may accrue against the applicant in the 8249 prosecution of the proceeding. At the option of the applicant, 8250 such undertaking or bond may be in an additional sum sufficient 8251 to cover the tax, penalties, costs, and charges aforesaid, in 8252 which event the applicant is shall not be required to pay such 8253 tax and penalties precedent to the granting of such review by 8254 such court. 8255 Section 20.Section 210.151, Florida Statutes, is amended 8256 to read: 8257 210.151Initial temporary cigarette permits.When a person 8258 has filed a completed application which does not on its face 8259 disclose any reason for denying a cigarette permit under s. 8260 210.15, the Division of Alcoholic Beverages, Marijuana, and 8261 Tobacco of the Department of Business and Professional 8262 Regulation shall issue a temporary initial permit of the same 8263 type and series for which the application has been submitted, 8264 which is valid for all purposes under this chapter. 8265 (1)A temporary initial permit shall be valid for up to 90 8266 days and may be extended by the division for up to an additional 8267 90 days for good cause. The division may at any time during such 8268 period grant or deny the permit applied for, notwithstanding s. 8269 120.60. 8270 (2)A temporary initial permit expires and may not be 8271 continued or extended beyond the date the division denies the 8272 permit applied for; beyond 14 days after the date the division 8273 approves the permit applied for; beyond the date the applicant 8274 pays the permit fee and the division issues the permit applied 8275 for; or beyond the date the temporary permit otherwise expires 8276 by law, whichever date occurs first. 8277 (3)Each applicant seeking a temporary initial cigarette 8278 permit shall pay to the division for such permit a fee of $100. 8279 (4)Any fee or penalty collected under the provisions of 8280 this section shall be deposited into the Alcoholic Beverage, 8281 Marijuana, and Tobacco Trust Fund. 8282 Section 21.Subsection (1) of section 210.16, Florida 8283 Statutes, is amended to read: 8284 210.16Revocation or suspension of permit. 8285 (1)The Division of Alcoholic Beverages, Marijuana, and 8286 Tobacco is given full power and authority to revoke the permit 8287 of any person receiving a permit to engage in business under 8288 this part or chapter 569 for violation of any of the provisions 8289 of this part or chapter 569. 8290 Section 22.Subsection (2) of section 210.1605, Florida 8291 Statutes, is amended to read: 8292 210.1605Renewal of permit. 8293 (2)Any fee or penalty collected under the provisions of 8294 this section must shall be deposited into the Alcoholic 8295 Beverage, Marijuana, and Tobacco Trust Fund. 8296 Section 23.Subsection (2) of section 210.20, Florida 8297 Statutes, is amended to read: 8298 210.20Employees and assistants; distribution of funds. 8299 (2)As collections are received by the division from such 8300 cigarette taxes, it shall pay the same into a trust fund in the 8301 State Treasury designated Cigarette Tax Collection Trust Fund 8302 which shall be paid and distributed as follows: 8303 (a)The division shall from month to month certify to the 8304 Chief Financial Officer the amount derived from the cigarette 8305 tax imposed by s. 210.02, less the service charges provided for 8306 in s. 215.20 and less 0.9 percent of the amount derived from the 8307 cigarette tax imposed by s. 210.02, which shall be deposited 8308 into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund, 8309 specifying the amounts to be transferred from the Cigarette Tax 8310 Collection Trust Fund and credited on the basis of 2.9 percent 8311 of the net collections to the Revenue Sharing Trust Fund for 8312 Counties and 29.3 percent of the net collections for the funding 8313 of indigent health care to the Public Medical Assistance Trust 8314 Fund. 8315 (b)Beginning July 1, 2004, and continuing through June 30, 8316 2013, the division shall from month to month certify to the 8317 Chief Financial Officer the amount derived from the cigarette 8318 tax imposed by s. 210.02, less the service charges provided for 8319 in s. 215.20 and less 0.9 percent of the amount derived from the 8320 cigarette tax imposed by s. 210.02, which shall be deposited 8321 into the Alcoholic Beverage and Tobacco Trust Fund, specifying 8322 an amount equal to 1.47 percent of the net collections, and that 8323 amount shall be paid to the Board of Directors of the H. Lee 8324 Moffitt Cancer Center and Research Institute, established under 8325 s. 1004.43, by warrant drawn by the Chief Financial Officer. 8326 Beginning July 1, 2014, and continuing through June 30, 2021, 8327 the division shall from month to month certify to the Chief 8328 Financial Officer the amount derived from the cigarette tax 8329 imposed by s. 210.02, less the service charges provided for in 8330 s. 215.20 and less 0.9 percent of the amount derived from the 8331 cigarette tax imposed by s. 210.02, which shall be deposited 8332 into the Alcoholic Beverage and Tobacco Trust Fund, specifying 8333 an amount equal to 4.04 percent of the net collections, and that 8334 amount shall be paid to the Board of Directors of the H. Lee 8335 Moffitt Cancer Center and Research Institute, established under 8336 s. 1004.43, by warrant drawn by the Chief Financial Officer. 8337 Beginning July 1, 2021, and continuing through June 30, 2024, 8338 the division shall from month to month certify to the Chief 8339 Financial Officer the amount derived from the cigarette tax 8340 imposed by s. 210.02, less the service charges provided for in 8341 s. 215.20 and less 0.9 percent of the amount derived from the 8342 cigarette tax imposed by s. 210.02, which shall be deposited 8343 into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund, 8344 specifying an amount equal to 7 percent of the net collections, 8345 and that amount shall be paid to the Board of Directors of the 8346 H. Lee Moffitt Cancer Center and Research Institute, established 8347 under s. 1004.43, by warrant drawn by the Chief Financial 8348 Officer. Beginning July 1, 2024, and continuing through June 30, 8349 2054, the division shall from month to month certify to the 8350 Chief Financial Officer the amount derived from the cigarette 8351 tax imposed by s. 210.02, less the service charges provided for 8352 in s. 215.20 and less 0.9 percent of the amount derived from the 8353 cigarette tax imposed by s. 210.02, which shall be deposited 8354 into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund, 8355 specifying an amount equal to 10 percent of the net collections, 8356 and that amount shall be paid to the Board of Directors of the 8357 H. Lee Moffitt Cancer Center and Research Institute, established 8358 under s. 1004.43, by warrant drawn by the Chief Financial 8359 Officer. These funds are appropriated monthly out of the 8360 Cigarette Tax Collection Trust Fund, to be used for lawful 8361 purposes, including constructing, furnishing, equipping, 8362 financing, operating, and maintaining cancer research and 8363 clinical and related facilities; furnishing, equipping, 8364 operating, and maintaining other properties owned or leased by 8365 the H. Lee Moffitt Cancer Center and Research Institute; and 8366 paying costs incurred in connection with purchasing, financing, 8367 operating, and maintaining such equipment, facilities, and 8368 properties. In fiscal years 2004-2005 and thereafter, the 8369 appropriation to the H. Lee Moffitt Cancer Center and Research 8370 Institute authorized by this paragraph may shall not be less 8371 than the amount that would have been paid to the H. Lee Moffitt 8372 Cancer Center and Research Institute in fiscal year 2001-2002, 8373 had this paragraph been in effect. 8374 (c)Beginning July 1, 2017, and continuing through June 30, 8375 2033, the division shall from month to month certify to the 8376 Chief Financial Officer the amount derived from the cigarette 8377 tax imposed by s. 210.02, less the service charges provided for 8378 in s. 215.20 and less 0.9 percent of the amount derived from the 8379 cigarette tax imposed by s. 210.02, which shall be deposited 8380 into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund, 8381 specifying an amount equal to 1 percent of the net collections, 8382 not to exceed $3 million annually, and that amount shall be 8383 deposited into the Biomedical Research Trust Fund in the 8384 Department of Health. These funds are appropriated annually from 8385 the Biomedical Research Trust Fund for the advancement of cures 8386 for cancers afflicting pediatric populations through basic or 8387 applied research, including, but not limited to, clinical trials 8388 and nontoxic drug discovery. These funds are not included in the 8389 calculation for the distribution of funds pursuant to s. 8390 381.915; however, these funds must shall be distributed to 8391 cancer centers participating in the Florida Consortium of 8392 National Cancer Institute Centers Program in the same proportion 8393 as is allocated to each cancer center in accordance with s. 8394 381.915 and are in addition to any funds distributed pursuant to 8395 that section. 8396 Section 24.Subsection (4) of section 210.25, Florida 8397 Statutes, is amended to read: 8398 210.25Definitions.As used in this part: 8399 (4)Division means the Division of Alcoholic Beverages, 8400 Marijuana, and Tobacco of the Department of Business and 8401 Professional Regulation. 8402 Section 25.Section 210.405, Florida Statutes, is amended 8403 to read: 8404 210.405Initial temporary permits for other tobacco 8405 products.When a person has filed a completed application which 8406 does not on its face disclose any reason for denying a permit 8407 for other tobacco products under s. 210.40, the Division of 8408 Alcoholic Beverages, Marijuana, and Tobacco of the Department of 8409 Business and Professional Regulation shall issue a temporary 8410 initial permit of the same type and series for which the 8411 application has been submitted, which is valid for all purposes 8412 under this chapter. 8413 (1)A temporary initial permit shall be valid for up to 90 8414 days and may be extended by the division for up to an additional 8415 90 days for good cause. The division may at any time during such 8416 period grant or deny the permit applied for, notwithstanding s. 8417 120.60. 8418 (2)A temporary initial permit expires and may not be 8419 continued or extended beyond the date the division denies the 8420 permit applied for; beyond 14 days after the date the division 8421 approves the permit applied for; beyond the date the applicant 8422 pays the permit fee and the division issues the permit applied 8423 for; or beyond the date the temporary permit otherwise expires 8424 by law, whichever date occurs first. 8425 (3)Each applicant seeking a temporary initial permit for 8426 other tobacco products shall pay to the division for such permit 8427 a fee of $25. 8428 (4)Any fee or penalty collected under the provisions of 8429 this section shall be deposited into the Alcoholic Beverage, 8430 Marijuana, and Tobacco Trust Fund. 8431 Section 26.Subsection (2) of section 210.51, Florida 8432 Statutes, is amended to read: 8433 210.51Renewal of permit. 8434 (2)Any fee or penalty collected under the provisions of 8435 this section shall be deposited into the Alcoholic Beverage, 8436 Marijuana, and Tobacco Trust Fund. 8437 Section 27.Paragraphs (c) and (s) of subsection (8) of 8438 section 213.053, Florida Statutes, are amended to read: 8439 213.053Confidentiality and information sharing. 8440 (8)Notwithstanding any other provision of this section, 8441 the department may provide: 8442 (c)Information relative to chapter 212 and chapters 561 8443 through 568 to the Division of Alcoholic Beverages, Marijuana, 8444 and Tobacco of the Department of Business and Professional 8445 Regulation in the conduct of its official duties. 8446 (s)Information relative to ss. 211.0251, 212.1831, 8447 220.1875, 561.1211, 624.51055, and 1002.395 to the Department of 8448 Education and the Division of Alcoholic Beverages, Marijuana, 8449 and Tobacco in the conduct of official business. 8450 8451 Disclosure of information under this subsection is shall be 8452 pursuant to a written agreement between the executive director 8453 and the agency. Such agencies, governmental or nongovernmental, 8454 are shall be bound by the same requirements of confidentiality 8455 as the Department of Revenue. Breach of confidentiality is a 8456 misdemeanor of the first degree, punishable as provided by s. 8457 775.082 or s. 775.083. 8458 Section 28.Paragraph (a) of subsection (2) of section 8459 282.709, Florida Statutes, is amended to read: 8460 282.709State agency law enforcement radio system and 8461 interoperability network. 8462 (2)The Joint Task Force on State Agency Law Enforcement 8463 Communications is created adjunct to the department to advise 8464 the department of member-agency needs relating to the planning, 8465 designing, and establishment of the statewide communication 8466 system. 8467 (a)The Joint Task Force on State Agency Law Enforcement 8468 Communications shall consist of the following members: 8469 1.A representative of the Division of Alcoholic Beverages, 8470 Marijuana, and Tobacco of the Department of Business and 8471 Professional Regulation who shall be appointed by the secretary 8472 of the department. 8473 2.A representative of the Division of Florida Highway 8474 Patrol of the Department of Highway Safety and Motor Vehicles 8475 who shall be appointed by the executive director of the 8476 department. 8477 3.A representative of the Department of Law Enforcement 8478 who shall be appointed by the executive director of the 8479 department. 8480 4.A representative of the Fish and Wildlife Conservation 8481 Commission who shall be appointed by the executive director of 8482 the commission. 8483 5.A representative of the Division of Law Enforcement of 8484 the Department of Environmental Protection who shall be 8485 appointed by the secretary of the department. 8486 6.A representative of the Department of Corrections who 8487 shall be appointed by the secretary of the department. 8488 7.A representative of the Department of Financial Services 8489 who shall be appointed by the Chief Financial Officer. 8490 8.A representative of the Department of Agriculture and 8491 Consumer Services who shall be appointed by the Commissioner of 8492 Agriculture. 8493 9.A representative of the Florida Sheriffs Association who 8494 shall be appointed by the president of the Florida Sheriffs 8495 Association. 8496 Section 29.Paragraph (d) of subsection (1) of section 8497 322.212, Florida Statutes, is amended to read: 8498 322.212Unauthorized possession of, and other unlawful acts 8499 in relation to, driver license or identification card. 8500 (1)It is unlawful for any person to: 8501 (d)Knowingly sell, manufacture, or deliver, or knowingly 8502 offer to sell, manufacture, or deliver, a blank, forged, stolen, 8503 fictitious, counterfeit, or unlawfully issued driver license or 8504 identification card, or an instrument in the similitude of a 8505 driver license or identification card, unless that person is 8506 authorized to do so by the department. A violation of this 8507 section may be investigated by any law enforcement agency, 8508 including the Division of Alcoholic Beverages, Marijuana, and 8509 Tobacco. 8510 8511 The term driver license includes a driver license issued by 8512 the department or its agents or a driver license issued by any 8513 state or jurisdiction that issues licenses recognized in this 8514 state for the operation of a motor vehicle. The term 8515 identification card includes any identification card issued by 8516 the department or its agents or any identification card issued 8517 by any state or jurisdiction that issues identification cards 8518 recognized in this state for the purpose of indicating a 8519 persons true name and age. This subsection does not prohibit a 8520 person from possessing or displaying another persons driver 8521 license or identification card for a lawful purpose. 8522 Section 30.Subsections (1) and (3) of section 386.207, 8523 Florida Statutes, are amended to read: 8524 386.207Administration; enforcement; civil penalties. 8525 (1)The department or the Division of Hotels and 8526 Restaurants or the Division of Alcoholic Beverages, Marijuana, 8527 and Tobacco of the Department of Business and Professional 8528 Regulation shall enforce this part based upon each departments 8529 specific areas of regulatory authority and to implement such 8530 enforcement shall adopt, in consultation with the State Fire 8531 Marshal, rules specifying procedures to be followed by 8532 enforcement personnel in investigating complaints and notifying 8533 alleged violators and rules specifying procedures by which 8534 appeals may be taken by aggrieved parties. 8535 (3)The department or the Division of Hotels and 8536 Restaurants or the Division of Alcoholic Beverages, Marijuana, 8537 and Tobacco of the Department of Business and Professional 8538 Regulation, upon notification of observed violations of this 8539 part, shall issue to the proprietor or other person in charge of 8540 such enclosed indoor workplace a notice to comply with this 8541 part. If the person fails to comply within 30 days after receipt 8542 of the notice, the department or the Division of Hotels and 8543 Restaurants or the Division of Alcoholic Beverages, Marijuana, 8544 and Tobacco of the Department of Business and Professional 8545 Regulation shall assess against the person a civil penalty of 8546 not less than $250 and not more than $750 for the first 8547 violation and not less than $500 and not more than $2,000 for 8548 each subsequent violation. The imposition of the fine must be in 8549 accordance with chapter 120. If a person refuses to comply with 8550 this part, after having been assessed such penalty, the 8551 department or the Division of Hotels and Restaurants or the 8552 Division of Alcoholic Beverages, Marijuana, and Tobacco of the 8553 Department of Business and Professional Regulation may file a 8554 complaint in the circuit court of the county in which the 8555 enclosed indoor workplace is located to require compliance. 8556 Section 31.Paragraph (b) of subsection (1) of section 8557 402.62, Florida Statutes, is amended to read: 8558 402.62Strong Families Tax Credit. 8559 (1)DEFINITIONS.As used in this section, the term: 8560 (b)Division means the Division of Alcoholic Beverages, 8561 Marijuana, and Tobacco of the Department of Business and 8562 Professional Regulation. 8563 Section 32.Subsections (3), (5), and (6) of section 8564 403.708, Florida Statutes, are amended to read: 8565 403.708Prohibition; penalty. 8566 (3)The Division of Alcoholic Beverages, Marijuana, and 8567 Tobacco of the Department of Business and Professional 8568 Regulation may impose a fine of not more than $100 on any person 8569 currently licensed pursuant to s. 561.14 for each violation of 8570 subsection (2). If the violation is of a continuing nature, each 8571 day during which such violation occurs constitutes a separate 8572 offense and is subject to a separate fine. 8573 (5)Fifty percent of each fine collected pursuant to 8574 subsections (3) and (4) shall be deposited into the Solid Waste 8575 Management Trust Fund. The balance of fines collected pursuant 8576 to subsection (3) shall be deposited into the Alcoholic 8577 Beverage, Marijuana, and Tobacco Trust Fund for the use of the 8578 division for inspection and enforcement of this section. The 8579 balance of fines collected pursuant to subsection (4) shall be 8580 deposited into the General Inspection Trust Fund for the use of 8581 the Department of Agriculture and Consumer Services for 8582 inspection and enforcement of this section. 8583 (6)The Division of Alcoholic Beverages, Marijuana, and 8584 Tobacco and the Department of Agriculture and Consumer Services 8585 shall coordinate their responsibilities under this section to 8586 ensure that inspections and enforcement are accomplished in an 8587 efficient, cost-effective manner. 8588 Section 33.Subsection (2) of section 455.116, Florida 8589 Statutes, is amended to read: 8590 455.116Regulation trust funds.The following trust funds 8591 shall be placed in the department: 8592 (2)Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. 8593 Section 34.Paragraph (a) of subsection (2) and paragraph 8594 (a) of subsection (3) of section 456.0635, Florida Statutes, are 8595 amended to read: 8596 456.0635Health care fraud; disqualification for license, 8597 certificate, or registration. 8598 (2)Each board within the jurisdiction of the department, 8599 or the department if there is no board, shall refuse to admit a 8600 candidate to any examination and refuse to issue a license, 8601 certificate, or registration to any applicant if the candidate 8602 or applicant or any principal, officer, agent, managing 8603 employee, or affiliated person of the candidate or applicant: 8604 (a)Has been convicted of, or entered a plea of guilty or 8605 nolo contendere to, regardless of adjudication, a felony under 8606 chapter 409, chapter 817, or chapter 893, or a similar felony 8607 offense committed in another state or jurisdiction, unless the 8608 candidate or applicant has successfully completed a pretrial 8609 diversion or drug court program for that felony and provides 8610 proof that the plea has been withdrawn or the charges have been 8611 dismissed. Any such conviction or plea excludes shall exclude 8612 the applicant or candidate from licensure, examination, 8613 certification, or registration unless the sentence and any 8614 subsequent period of probation for such conviction or plea 8615 ended: 8616 1.For felonies of the first or second degree, more than 15 8617 years before the date of application. 8618 2.For felonies of the third degree, more than 10 years 8619 before the date of application, except for felonies of the third 8620 degree under s. 893.13(5)(a) s. 893.13(6)(a). 8621 3.For felonies of the third degree under s. 893.13(5)(a) 8622 s. 893.13(6)(a), more than 5 years before the date of 8623 application; 8624 8625 This subsection does not apply to an applicant for initial 8626 licensure, certification, or registration who was arrested or 8627 charged with a felony specified in paragraph (a) or paragraph 8628 (b) before July 1, 2009. 8629 (3)The department must shall refuse to renew a license, 8630 certificate, or registration of any applicant if the applicant 8631 or any principal, officer, agent, managing employee, or 8632 affiliated person of the applicant: 8633 (a)Has been convicted of, or entered a plea of guilty or 8634 nolo contendere to, regardless of adjudication, a felony under 8635 chapter 409, chapter 817, or chapter 893, or a similar felony 8636 offense committed in another state or jurisdiction, unless the 8637 applicant is currently enrolled in a pretrial diversion or drug 8638 court program that allows the withdrawal of the plea for that 8639 felony upon successful completion of that program. Any such 8640 conviction or plea excludes the applicant from licensure renewal 8641 unless the sentence and any subsequent period of probation for 8642 such conviction or plea ended: 8643 1.For felonies of the first or second degree, more than 15 8644 years before the date of application. 8645 2.For felonies of the third degree, more than 10 years 8646 before the date of application, except for felonies of the third 8647 degree under s. 893.13(5)(a) s. 893.13(6)(a). 8648 3.For felonies of the third degree under s. 893.13(5)(a) 8649 s. 893.13(6)(a), more than 5 years before the date of 8650 application. 8651 8652 This subsection does not apply to an applicant for renewal of 8653 licensure, certification, or registration who was arrested or 8654 charged with a felony specified in paragraph (a) or paragraph 8655 (b) before July 1, 2009. 8656 Section 35.Subsections (1) and (11) of section 561.01, 8657 Florida Statutes, are amended to read: 8658 561.01Definitions.As used in the Beverage Law: 8659 (1)Division means the Division of Alcoholic Beverages, 8660 Marijuana, and Tobacco of the Department of Business and 8661 Professional Regulation. 8662 (11)Licensed premises means not only rooms where 8663 alcoholic beverages are stored or sold by the licensee, but also 8664 all other rooms in the building which are so closely connected 8665 therewith as to admit of free passage from drink parlor to other 8666 rooms over which the licensee has some dominion or control and 8667 shall also include all of the area embraced within the sketch, 8668 appearing on or attached to the application for the license 8669 involved and designated as such on said sketch, in addition to 8670 that included or designated by general law. The area embraced 8671 within the sketch may include a sidewalk or other outside area 8672 which is contiguous to the licensed premises. When the sketch 8673 includes a sidewalk or other outside area, written approval from 8674 the county or municipality attesting to compliance with local 8675 ordinances must be submitted to the division to authorize 8676 inclusion of sidewalks and outside areas in licensed premises. 8677 The division may approve applications for temporary expansion of 8678 the licensed premises to include a sidewalk or other outside 8679 area for special events upon the payment of a $100 application 8680 fee, stipulation of the timeframe for the special event, and 8681 submission of a sketch outlining the expanded premises and 8682 accompanied by written approval from the county or municipality 8683 as required in this subsection. All moneys collected from the 8684 fees assessed under this subsection shall be deposited into the 8685 Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. 8686 Section 36.Section 561.02, Florida Statutes, is amended to 8687 read: 8688 561.02Creation and duties of Division of Alcoholic 8689 Beverages, Marijuana, and Tobacco.There is created within the 8690 Department of Business and Professional Regulation the Division 8691 of Alcoholic Beverages, Marijuana, and Tobacco, which shall 8692 supervise the conduct, management, and operation of the 8693 manufacturing, packaging, distribution, and sale within the 8694 state of all alcoholic beverages and shall enforce the 8695 provisions of the Beverage Law and the tobacco law and rules and 8696 regulations of the division in connection therewith. It is the 8697 express legislative intent that the state retain primary 8698 regulatory authority over the activities of licensees under the 8699 Beverage Law within the power of the state and the Division of 8700 Alcoholic Beverages, Marijuana, and Tobacco of the Department of 8701 Business and Professional Regulation. However, none of the 8702 provisions of the Beverage Law shall apply to ethyl alcohol 8703 intended for use or used for the following purposes: 8704 (1)Scientific, chemical, mechanical, industrial, or 8705 medicinal purposes; 8706 (2)Patented, patent, proprietary, medicinal, 8707 pharmaceutical, antiseptic, toilet, scientific, chemical, 8708 mechanical or industrial preparations, or products unfit for 8709 beverage purposes; 8710 (3)Flavoring extracts and syrups, unfit for beverage 8711 purposes. 8712 Section 37.Paragraph (a) of subsection (1) and subsections 8713 (2) and (3) of section 561.121, Florida Statutes, are amended to 8714 read: 8715 561.121Deposit of revenue. 8716 (1)All state funds collected pursuant to ss. 563.05, 8717 564.06, 565.02(9), and 565.12 shall be paid into the State 8718 Treasury and disbursed in the following manner: 8719 (a)Two percent of monthly collections of the excise taxes 8720 on alcoholic beverages established in ss. 563.05, 564.06, and 8721 565.12 and the tax on alcoholic beverages, cigarettes, and other 8722 tobacco products established in s. 565.02(9) shall be deposited 8723 into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund 8724 to meet the divisions appropriation for the state fiscal year. 8725 (2)The unencumbered balance in the Alcoholic Beverage, 8726 Marijuana, and Tobacco Trust Fund at the close of each fiscal 8727 year may not exceed $2 million. These funds shall be held in 8728 reserve for use in the event that trust fund revenues are unable 8729 to meet the divisions appropriation for the next fiscal year. 8730 In the event of a revenue shortfall, these funds shall be spent 8731 pursuant to subsection (3). Notwithstanding subsection (1), if 8732 the unencumbered balance on June 30 in any fiscal year is less 8733 than $2 million, the department is authorized to retain the 8734 difference between the June 30 unencumbered balance in the trust 8735 fund and $2 million from the July collections of state funds 8736 collected pursuant to ss. 563.05, 564.06, and 565.12 and the tax 8737 on alcoholic beverages, cigarettes, and other tobacco products 8738 established in s. 565.02(9). Any unencumbered funds in excess of 8739 reserve funds shall be transferred unallocated to the General 8740 Revenue Fund by August 31 of the next fiscal year. 8741 (3)Funds deposited into the Alcoholic Beverage, Marijuana, 8742 and Tobacco Trust Fund pursuant to subsection (1) shall be used 8743 for administration and enforcement of chapters 210, 561, 562, 8744 563, 564, 565, 567, 568, and 569. 8745 Section 38.Subsection (6) of section 561.14, Florida 8746 Statutes, is amended to read: 8747 561.14License and registration classification.Licenses 8748 and registrations referred to in the Beverage Law shall be 8749 classified as follows: 8750 (6)Bottle clubs. It is the finding of the Legislature that 8751 bottle clubs are susceptible to a distinct and separate 8752 classification under the Beverage Law for purposes of regulating 8753 establishments permitting the consumption of alcoholic 8754 beverages. Any person operating a bottle club must be licensed 8755 pursuant to this chapter and may not hold any other alcoholic 8756 beverage license for such premises while licensed as a bottle 8757 club. Nothing in this subsection shall be construed to permit 8758 the purchase at wholesale or retail of alcoholic beverages for 8759 supplying or reselling to the patrons pursuant to a license 8760 issued under this chapter. Any such business shall be subject to 8761 all general, special, and local laws regulating vendors of 8762 alcoholic beverages. Bottle club licenses shall be issued at a 8763 fee of $500 annually and shall be renewed in accordance with the 8764 schedule set out in ss. 561.26 and 561.27. This subsection shall 8765 include bottle clubs in existence on January 1, 1991. The 8766 Division of Alcoholic Beverages, Marijuana, and Tobacco is 8767 hereby authorized to adopt rules to carry out the purposes of 8768 this section. 8769 Section 39.Paragraph (a) of subsection (2) and paragraph 8770 (b) of subsection (12) of section 561.20, Florida Statutes, are 8771 amended to read: 8772 561.20Limitation upon number of licenses issued. 8773 (2)(a)The limitation of the number of licenses as provided 8774 in this section does not prohibit the issuance of a special 8775 license to: 8776 1.Any bona fide hotel, motel, or motor court of not fewer 8777 than 80 guest rooms in any county having a population of less 8778 than 50,000 residents, and of not fewer than 100 guest rooms in 8779 any county having a population of 50,000 residents or greater; 8780 or any bona fide hotel or motel located in a historic structure, 8781 as defined in s. 561.01(20), with fewer than 100 guest rooms 8782 which derives at least 51 percent of its gross revenue from the 8783 rental of hotel or motel rooms, which is licensed as a public 8784 lodging establishment by the Division of Hotels and Restaurants; 8785 provided, however, that a bona fide hotel or motel with no fewer 8786 than 10 and no more than 25 guest rooms which is a historic 8787 structure, as defined in s. 561.01(20), in a municipality that 8788 on the effective date of this act has a population, according to 8789 the University of Floridas Bureau of Economic and Business 8790 Research Estimates of Population for 1998, of no fewer than 8791 25,000 and no more than 35,000 residents and that is within a 8792 constitutionally chartered county may be issued a special 8793 license. This special license shall allow the sale and 8794 consumption of alcoholic beverages only on the licensed premises 8795 of the hotel or motel. In addition, the hotel or motel must 8796 derive at least 60 percent of its gross revenue from the rental 8797 of hotel or motel rooms and the sale of food and nonalcoholic 8798 beverages; provided that this subparagraph shall supersede local 8799 laws requiring a greater number of hotel rooms; 8800 2.Any condominium accommodation of which no fewer than 100 8801 condominium units are wholly rentable to transients and which is 8802 licensed under chapter 509, except that the license shall be 8803 issued only to the person or corporation that operates the hotel 8804 or motel operation and not to the association of condominium 8805 owners; 8806 3.Any condominium accommodation of which no fewer than 50 8807 condominium units are wholly rentable to transients, which is 8808 licensed under chapter 509, and which is located in any county 8809 having home rule under s. 10 or s. 11, Art. VIII of the State 8810 Constitution of 1885, as amended, and incorporated by reference 8811 in s. 6(e), Art. VIII of the State Constitution, except that the 8812 license shall be issued only to the person or corporation that 8813 operates the hotel or motel operation and not to the association 8814 of condominium owners; 8815 4.A food service establishment that has 2,500 square feet 8816 of service area, is equipped to serve meals to 150 persons at 8817 one time, and derives at least 51 percent of its gross food and 8818 beverage revenue from the sale of food and nonalcoholic 8819 beverages during the first 120-day operating period and the 8820 first 12-month operating period thereafter. Subsequent audit 8821 timeframes must be based upon the audit percentage established 8822 by the most recent audit and conducted on a staggered scale as 8823 follows: level 1, 51 percent to 60 percent, every year; level 2, 8824 61 percent to 75 percent, every 2 years; level 3, 76 percent to 8825 90 percent, every 3 years; and level 4, 91 percent to 100 8826 percent, every 4 years. A licensee under this subparagraph may 8827 sell or deliver alcoholic beverages in a sealed container for 8828 off-premises consumption if the sale or delivery is accompanied 8829 by the sale of food within the same order. Such authorized sale 8830 or delivery includes wine-based and liquor-based beverages 8831 prepared by the licensee or its employee and packaged in a 8832 container sealed by the licensee or its employee. This 8833 subparagraph may not be construed to authorize public food 8834 service establishments licensed under this subparagraph to sell 8835 a bottle of distilled spirits sealed by a manufacturer. Any sale 8836 or delivery of malt beverages must comply with the container 8837 size, labeling, and filling requirements imposed under s. 8838 563.06. Any delivery of an alcoholic beverage under this 8839 subparagraph must comply with s. 561.57. An alcoholic beverage 8840 drink prepared by the vendor and sold or delivered for 8841 consumption off the premises must be placed in a container 8842 securely sealed by the licensee or its employees with an 8843 unbroken seal that prevents the beverage from being immediately 8844 consumed before removal from the premises. Such alcoholic 8845 beverage also must be placed in a bag or other container that is 8846 secured in such a manner that it is visibly apparent if the 8847 container has been subsequently opened or tampered with, and a 8848 dated receipt for the alcoholic beverage and food must be 8849 provided by the licensee and attached to the bag or container. 8850 If transported in a motor vehicle, an alcoholic beverage that is 8851 not in a container sealed by the manufacturer must be placed in 8852 a locked compartment, a locked trunk, or the area behind the 8853 last upright seat of a motor vehicle. It is a violation of the 8854 prohibition in s. 562.11 to allow any person under the age of 21 8855 to deliver alcoholic beverages on behalf of a vendor. The vendor 8856 or the agent or employee of the vendor must verify the age of 8857 the person making the delivery of the alcoholic beverage before 8858 allowing any person to take possession of an alcoholic beverage 8859 for the purpose of making a delivery on behalf of a vendor under 8860 this section. A food service establishment granted a special 8861 license on or after January 1, 1958, pursuant to general or 8862 special law may not operate as a package store and may not sell 8863 intoxicating beverages under such license after the hours of 8864 serving or consumption of food have elapsed. Failure by a 8865 licensee to meet the required percentage of food and 8866 nonalcoholic beverage gross revenues during the covered 8867 operating period shall result in revocation of the license or 8868 denial of the pending license application. A licensee whose 8869 license is revoked or an applicant whose pending application is 8870 denied, or any person required to qualify on the special license 8871 application, is ineligible to have any interest in a subsequent 8872 application for such a license for a period of 120 days after 8873 the date of the final denial or revocation; 8874 5.Any caterer, deriving at least 51 percent of its gross 8875 food and beverage revenue from the sale of food and nonalcoholic 8876 beverages at each catered event, licensed by the Division of 8877 Hotels and Restaurants under chapter 509. This subparagraph does 8878 not apply to a culinary education program, as defined in s. 8879 381.0072(2), which is licensed as a public food service 8880 establishment by the Division of Hotels and Restaurants and 8881 provides catering services. Notwithstanding any law to the 8882 contrary, a licensee under this subparagraph shall sell or serve 8883 alcoholic beverages only for consumption on the premises of a 8884 catered event at which the licensee is also providing prepared 8885 food, and shall prominently display its license at any catered 8886 event at which the caterer is selling or serving alcoholic 8887 beverages. A licensee under this subparagraph shall purchase all 8888 alcoholic beverages it sells or serves at a catered event from a 8889 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed 8890 under s. 565.02(1) subject to the limitation imposed in 8891 subsection (1), as appropriate. A licensee under this 8892 subparagraph may not store any alcoholic beverages to be sold or 8893 served at a catered event. Any alcoholic beverages purchased by 8894 a licensee under this subparagraph for a catered event that are 8895 not used at that event must remain with the customer; provided 8896 that if the vendor accepts unopened alcoholic beverages, the 8897 licensee may return such alcoholic beverages to the vendor for a 8898 credit or reimbursement. Regardless of the county or counties in 8899 which the licensee operates, a licensee under this subparagraph 8900 shall pay the annual state license tax set forth in s. 8901 565.02(1)(b). A licensee under this subparagraph must maintain 8902 for a period of 3 years all records and receipts for each 8903 catered event, including all contracts, customers names, event 8904 locations, event dates, food purchases and sales, alcoholic 8905 beverage purchases and sales, nonalcoholic beverage purchases 8906 and sales, and any other records required by the department by 8907 rule to demonstrate compliance with the requirements of this 8908 subparagraph. Notwithstanding any law to the contrary, any 8909 vendor licensed under s. 565.02(1) subject to the limitation 8910 imposed in subsection (1), may, without any additional licensure 8911 under this subparagraph, serve or sell alcoholic beverages for 8912 consumption on the premises of a catered event at which prepared 8913 food is provided by a caterer licensed under chapter 509. If a 8914 licensee under this subparagraph also possesses any other 8915 license under the Beverage Law, the license issued under this 8916 subparagraph may not authorize the holder to conduct activities 8917 on the premises to which the other license or licenses apply 8918 that would otherwise be prohibited by the terms of that license 8919 or the Beverage Law. This section does not permit the licensee 8920 to conduct activities that are otherwise prohibited by the 8921 Beverage Law or local law. The Division of Alcoholic Beverages, 8922 Marijuana, and Tobacco is hereby authorized to adopt rules to 8923 administer the license created in this subparagraph, to include 8924 rules governing licensure, recordkeeping, and enforcement. The 8925 first $300,000 in fees collected by the division each fiscal 8926 year pursuant to this subparagraph shall be deposited in the 8927 Department of Children and Families Operations and Maintenance 8928 Trust Fund to be used only for alcohol and drug abuse education, 8929 treatment, and prevention programs. The remainder of the fees 8930 collected shall be deposited into the Hotel and Restaurant Trust 8931 Fund created pursuant to s. 509.072; or 8932 6.A culinary education program as defined in s. 8933 381.0072(2) which is licensed as a public food service 8934 establishment by the Division of Hotels and Restaurants. 8935 a.This special license shall allow the sale and 8936 consumption of alcoholic beverages on the licensed premises of 8937 the culinary education program. The culinary education program 8938 shall specify designated areas in the facility where the 8939 alcoholic beverages may be consumed at the time of application. 8940 Alcoholic beverages sold for consumption on the premises may be 8941 consumed only in areas designated under s. 561.01(11) and may 8942 not be removed from the designated area. Such license shall be 8943 applicable only in and for designated areas used by the culinary 8944 education program. 8945 b.If the culinary education program provides catering 8946 services, this special license shall also allow the sale and 8947 consumption of alcoholic beverages on the premises of a catered 8948 event at which the licensee is also providing prepared food. A 8949 culinary education program that provides catering services is 8950 not required to derive at least 51 percent of its gross revenue 8951 from the sale of food and nonalcoholic beverages. 8952 Notwithstanding any law to the contrary, a licensee that 8953 provides catering services under this sub-subparagraph shall 8954 prominently display its beverage license at any catered event at 8955 which the caterer is selling or serving alcoholic beverages. 8956 Regardless of the county or counties in which the licensee 8957 operates, a licensee under this sub-subparagraph shall pay the 8958 annual state license tax set forth in s. 565.02(1)(b). A 8959 licensee under this sub-subparagraph must maintain for a period 8960 of 3 years all records required by the department by rule to 8961 demonstrate compliance with the requirements of this sub 8962 subparagraph. 8963 c.If a licensee under this subparagraph also possesses any 8964 other license under the Beverage Law, the license issued under 8965 this subparagraph does not authorize the holder to conduct 8966 activities on the premises to which the other license or 8967 licenses apply that would otherwise be prohibited by the terms 8968 of that license or the Beverage Law. This subparagraph does not 8969 permit the licensee to conduct activities that are otherwise 8970 prohibited by the Beverage Law or local law. Any culinary 8971 education program that holds a license to sell alcoholic 8972 beverages shall comply with the age requirements set forth in 8973 ss. 562.11(4), 562.111(2), and 562.13. 8974 d.The Division of Alcoholic Beverages, Marijuana, and 8975 Tobacco may adopt rules to administer the license created in 8976 this subparagraph, to include rules governing licensure, 8977 recordkeeping, and enforcement. 8978 e.A license issued pursuant to this subparagraph does not 8979 permit the licensee to sell alcoholic beverages by the package 8980 for off-premises consumption. 8981 8982 However, any license heretofore issued to any such hotel, motel, 8983 motor court, or restaurant or hereafter issued to any such 8984 hotel, motel, or motor court, including a condominium 8985 accommodation, under the general law may not be moved to a new 8986 location, such license being valid only on the premises of such 8987 hotel, motel, motor court, or restaurant. Licenses issued to 8988 hotels, motels, motor courts, or restaurants under the general 8989 law and held by such hotels, motels, motor courts, or 8990 restaurants on May 24, 1947, shall be counted in the quota 8991 limitation contained in subsection (1). Any license issued for 8992 any hotel, motel, or motor court under this law shall be issued 8993 only to the owner of the hotel, motel, or motor court or, in the 8994 event the hotel, motel, or motor court is leased, to the lessee 8995 of the hotel, motel, or motor court; and the license shall 8996 remain in the name of the owner or lessee so long as the license 8997 is in existence. Any special license now in existence heretofore 8998 issued under this law cannot be renewed except in the name of 8999 the owner of the hotel, motel, motor court, or restaurant or, in 9000 the event the hotel, motel, motor court, or restaurant is 9001 leased, in the name of the lessee of the hotel, motel, motor 9002 court, or restaurant in which the license is located and must 9003 remain in the name of the owner or lessee so long as the license 9004 is in existence. Any license issued under this section shall be 9005 marked Special, and nothing herein provided shall limit, 9006 restrict, or prevent the issuance of a special license for any 9007 restaurant or motel which shall hereafter meet the requirements 9008 of the law existing immediately before the effective date of 9009 this act, if construction of such restaurant has commenced 9010 before the effective date of this act and is completed within 30 9011 days thereafter, or if an application is on file for such 9012 special license at the time this act takes effect; and any such 9013 licenses issued under this proviso may be annually renewed as 9014 now provided by law. Nothing herein prevents an application for 9015 transfer of a license to a bona fide purchaser of any hotel, 9016 motel, motor court, or restaurant by the purchaser of such 9017 facility or the transfer of such license pursuant to law. 9018 (12) 9019 (b)A special license shall be issued under this subsection 9020 upon filing an application at the district office and paying a 9021 $25 fee. Such fee shall be deposited in the Alcoholic Beverages, 9022 Marijuana, and Tobacco Trust Fund. 9023 Section 40.Paragraph (b) of subsection (1) of section 9024 561.221, Florida Statutes, is amended to read: 9025 561.221Licensing of manufacturers and distributors as 9026 vendors and of vendors as manufacturers; conditions and 9027 limitations. 9028 (1) 9029 (b)The Division of Alcoholic Beverages, Marijuana, and 9030 Tobacco shall issue permits to a certified Florida Farm Winery 9031 to conduct tasting and sales of wine produced by certified 9032 Florida Farm Wineries at Florida fairs, trade shows, 9033 expositions, and festivals. The certified Florida Farm Winery 9034 shall pay all entry fees and shall have a winery representative 9035 present during the event. The permit is limited to the length of 9036 the event. 9037 Section 41.Paragraph (b) of subsection (4) of section 9038 561.32, Florida Statutes, is amended to read: 9039 561.32Transfer of licenses; change of officers or 9040 directors; transfer of interest. 9041 (4) 9042 (b)A license issued under s. 561.20(1) may be transferred 9043 as provided by law within the 3-year period only upon payment to 9044 the division of a transfer fee in an amount equal to 15 times 9045 the annual license fee specified in s. 565.02(1)(b)-(f) in the 9046 county in which the license is valid. However, if the county is 9047 only authorized for the issuance of liquor licenses for package 9048 sales only, the transfer fee shall be in an amount equal to 15 9049 times the annual license fee specified in s. 565.02(1)(a). 9050 Subsequent to any such transfer, the transferee shall be subject 9051 to the provisions of the beverage laws with respect to the 9052 requirement for initial issuance of a license. Any change of 9053 ownership in any manner, either directly or indirectly, 9054 including any change in stock, partnership shares, or other form 9055 of ownership of any entity holding the license shall be 9056 considered a transfer and subject to the fees set forth in this 9057 paragraph. The transfer fees provided for in this paragraph 9058 shall be in addition to any other transfer fee provided for by 9059 this section. The funds collected pursuant to this paragraph 9060 shall be deposited in the Alcoholic Beverages, Marijuana, and 9061 Tobacco Trust Fund and shall be used by the division to defray 9062 the costs of operation. 9063 Section 42.Subsection (1) of section 561.545, Florida 9064 Statutes, is amended to read: 9065 561.545Certain shipments of beverages prohibited; 9066 penalties; exceptions.The Legislature finds that the direct 9067 shipment of alcoholic beverages by persons in the business of 9068 selling alcoholic beverages to residents of this state in 9069 violation of the Beverage Law poses a serious threat to the 9070 public health, safety, and welfare; to state revenue 9071 collections; and to the economy of the state. The Legislature 9072 further finds that the penalties for illegal direct shipment of 9073 alcoholic beverages to residents of this state should be made 9074 adequate to ensure compliance with the Beverage Law and that the 9075 measures provided for in this section are fully consistent with 9076 the powers conferred upon the state by the Twenty-first 9077 Amendment to the United States Constitution. 9078 (1)Any person in the business of selling alcoholic 9079 beverages who knowingly and intentionally ships, or causes to be 9080 shipped, any alcoholic beverage from an out-of-state location 9081 directly to any person in this state who does not hold a valid 9082 manufacturers or wholesalers license or exporters 9083 registration issued by the Division of Alcoholic Beverages, 9084 Marijuana, and Tobacco or who is not a state-bonded warehouse is 9085 in violation of this section. 9086 Section 43.Paragraph (a) of subsection (1) of section 9087 561.68, Florida Statutes, is amended to read: 9088 561.68Licensure; distributors salespersons. 9089 (1)(a)Before any person may solicit or sell to vendors or 9090 become employed as a salesperson of spirituous or vinous 9091 beverages for a licensed Florida distributor in accordance with 9092 the provisions of this section, such person shall file with the 9093 district supervisor of the district of the Division of Alcoholic 9094 Beverages, Marijuana, Beverage and Tobacco in which the 9095 distributors premises is located a sworn application for a 9096 license on forms provided by the division. Prior to any 9097 application being approved, the division shall require the 9098 applicant to file a fee of $50 and file a set of fingerprints on 9099 regular United States Department of Justice forms. The licensure 9100 requirement provided in this paragraph does not apply to the 9101 solicitation or sale of cider. 9102 Section 44.Subsection (6) of section 561.695, Florida 9103 Statutes, is amended to read: 9104 561.695Stand-alone bar enforcement; qualification; 9105 penalties. 9106 (6)The Division of Alcoholic Beverages, Marijuana, and 9107 Tobacco shall have the power to enforce part II of chapter 386 9108 and to audit a licensed vendor that operates a business that 9109 meets the definition of a stand-alone bar in s. 386.203 for 9110 compliance with this section. 9111 Section 45.Subsection (1) of section 561.703, Florida 9112 Statutes, is amended to read: 9113 561.703Definitions relating to Florida Responsible Vendor 9114 Act.As used in this act, the term: 9115 (1)Division means the Division of Alcoholic Beverages, 9116 Marijuana, and Tobacco of the Department of Business and 9117 Professional Regulation. 9118 Section 46.Subsection (1) of section 562.025, Florida 9119 Statutes, is amended to read: 9120 562.025Possession of beverages as food ingredients.This 9121 chapter shall not be construed to prohibit the owner or employee 9122 of a public food service establishment from possessing or using 9123 alcoholic beverages manufactured pursuant to law as ingredients 9124 to enhance the flavor of food prepared in connection with the 9125 operation of such establishment, provided that such public food 9126 service establishment meets the following criteria: 9127 (1)Such public food service establishment shall hold a 9128 license which allows consumption of alcoholic beverages on the 9129 premises, issued by the Division of Alcoholic Beverages, 9130 Marijuana, and Tobacco; and 9131 9132 Every such establishment shall maintain a menu on the premises 9133 which menu shall clearly designate the food containing alcoholic 9134 beverages. Daily specials need not be so posted. Alcoholic 9135 beverages may be used by the above licensees only as ingredients 9136 to enhance the flavor of food prepared and served on the 9137 licensed premises. It is the intention of this section to allow 9138 the use of such alcoholic beverages by the aforementioned 9139 licensees in the actual cooking of food and in the enhancement 9140 of the flavor of certain foods and desserts. This section may 9141 shall not be construed so as to permit any other use of 9142 alcoholic beverages by such licensees or the purchase of 9143 spirituous beverages except from a licensed vendor. 9144 Section 47.Subsection (1) of section 562.111, Florida 9145 Statutes, is amended to read: 9146 562.111Possession of alcoholic beverages by persons under 9147 age 21 prohibited. 9148 (1)It is unlawful for any person under the age of 21 9149 years, except a person employed under the provisions of s. 9150 562.13 acting in the scope of her or his employment, to have in 9151 her or his possession alcoholic beverages, except that nothing 9152 contained in this subsection shall preclude the employment of 9153 any person 18 years of age or older in the sale, preparation, or 9154 service of alcoholic beverages in licensed premises in any 9155 establishment licensed by the Division of Alcoholic Beverages, 9156 Marijuana, and Tobacco or the Division of Hotels and 9157 Restaurants. Notwithstanding the provisions of s. 562.45, any 9158 person under the age of 21 who is convicted of a violation of 9159 this subsection is guilty of a misdemeanor of the second degree, 9160 punishable as provided in s. 775.082 or s. 775.083; however, any 9161 person under the age of 21 who has been convicted of a violation 9162 of this subsection and who is thereafter convicted of a further 9163 violation of this subsection is, upon conviction of the further 9164 offense, guilty of a misdemeanor of the first degree, punishable 9165 as provided in s. 775.082 or s. 775.083. 9166 Section 48.Paragraph (c) of subsection (2) of section 9167 562.45, Florida Statutes, is amended to read: 9168 562.45Penalties for violating Beverage Law; local 9169 ordinances; prohibiting regulation of certain activities or 9170 business transactions; requiring nondiscriminatory treatment; 9171 providing exceptions. 9172 (2) 9173 (c)A county or municipality may not enact any ordinance 9174 that regulates or prohibits those activities or business 9175 transactions of a licensee regulated by the Division of 9176 Alcoholic Beverages, Marijuana, and Tobacco under the Beverage 9177 Law. Except as otherwise provided in the Beverage Law, a local 9178 government, when enacting ordinances designed to promote and 9179 protect the general health, safety, and welfare of the public, 9180 shall treat a licensee in a nondiscriminatory manner and in a 9181 manner that is consistent with the manner of treatment of any 9182 other lawful business transacted in this state. Nothing in this 9183 section shall be construed to affect or impair the enactment or 9184 enforcement by a county or municipality of any zoning, land 9185 development or comprehensive plan regulation or other ordinance 9186 authorized under ss. 1, 2, and 5, Art. VIII of the State 9187 Constitution. 9188 Section 49.Subsection (2) of section 569.002, Florida 9189 Statutes, is amended to read: 9190 569.002Definitions.As used in this part, the term: 9191 (2)Division means the Division of Alcoholic Beverages, 9192 Marijuana, and Tobacco of the Department of Business and 9193 Professional Regulation. 9194 Section 50.Paragraph (c) of subsection (1) and subsection 9195 (4) of section 569.003, Florida Statutes, are amended to read: 9196 569.003Retail tobacco products dealer permits; 9197 application; qualifications; fees; renewal; duplicates. 9198 (1) 9199 (c)Permits shall be issued annually, upon payment of the 9200 annual permit fee prescribed by the division. The division shall 9201 fix the fee in an amount sufficient to meet the costs incurred 9202 by it in carrying out its permitting, enforcement, and 9203 administrative responsibilities under this part, but the fee may 9204 not exceed $50. The proceeds of the fee shall be deposited into 9205 the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund. 9206 (4)If a permit has been destroyed or lost, the dealer may 9207 apply to the division for the issuance of a duplicate permit. 9208 The division shall issue a duplicate permit upon payment of a 9209 $15 fee, which the division shall deposit into the Alcoholic 9210 Beverage, Marijuana, and Tobacco Trust Fund. 9211 Section 51.Subsections (1) and (4) of section 569.12, 9212 Florida Statutes, are amended to read: 9213 569.12Jurisdiction; tobacco product and nicotine product 9214 enforcement officers or agents; enforcement. 9215 (1)In addition to the Division of Alcoholic Beverages, 9216 Marijuana, and Tobacco of the Department of Business and 9217 Professional Regulation, any law enforcement officer certified 9218 under s. 943.10(1), (6), or (8) shall enforce the provisions of 9219 this chapter. 9220 (4)A citation issued to any person violating the 9221 provisions of s. 569.11 or s. 569.42 shall be in a form 9222 prescribed by the Division of Alcoholic Beverages, Marijuana, 9223 and Tobacco of the Department of Business and Professional 9224 Regulation and shall contain: 9225 (a)The date and time of issuance. 9226 (b)The name and address of the person to whom the citation 9227 is issued. 9228 (c)The date and time the civil infraction was committed. 9229 (d)The facts constituting reasonable cause. 9230 (e)The number of the Florida statute violated. 9231 (f)The name and authority of the citing officer. 9232 (g)The procedure for the person to follow in order to 9233 contest the citation, perform the required community service, 9234 attend the required anti-tobacco or anti-tobacco and anti 9235 nicotine program, or to pay the civil penalty. 9236 Section 52.Subsection (2) of section 569.31, Florida 9237 Statutes, is amended to read: 9238 569.31Definitions.As used in this part, the term: 9239 (2)Division means the Division of Alcoholic Beverages, 9240 Marijuana, and Tobacco of the Department of Business and 9241 Professional Regulation. 9242 Section 53.Subsections (1) and (3) of section 616.265, 9243 Florida Statutes, are amended to read: 9244 616.265Issuance of beverage license to the authority. 9245 (1)The Division of Alcoholic Beverages, Marijuana, and 9246 Tobacco of the Department of Business and Professional 9247 Regulation is authorized, upon application, to issue a beverage 9248 license, as contemplated in ss. 561.17 and 565.02, to the 9249 Florida State Fair Authority for use by the authority or by a 9250 concessionaire under contract with the authority within the 9251 Florida State Fairgrounds in Hillsborough County; however, the 9252 license issued pursuant to this section does shall not permit 9253 the licensee or its transferee assigns to sell alcoholic 9254 beverages in sealed containers for consumption off the Florida 9255 State Fairgrounds. 9256 (3)The Florida State Fair Authority may transfer the 9257 beverage license authorized in this section to a concessionaire 9258 under contract with the Florida State Fair Authority to furnish 9259 alcoholic beverages within the Florida State Fairgrounds. The 9260 contract with the concessionaire must contain a provision that 9261 the concessionaire agrees not to discriminate on the basis of 9262 race, sex, age, or religion. The Florida State Fair Authority 9263 shall make application for the transfer of the license to the 9264 concessionaire, and the application shall be approved by the 9265 Director of the Division of Alcoholic Beverages, Marijuana, and 9266 Tobacco in compliance with the applicable provisions of chapter 9267 561. However, any transfer of the beverage license authorized in 9268 this section to a concessionaire operating under contract with 9269 the Florida State Fair Authority shall be on the condition that, 9270 if the concession contract is terminated at any time and for any 9271 cause, the concessionaire shall immediately retransfer the 9272 beverage license to the Florida State Fair Authority. In the 9273 event of the failure or refusal of the concessionaire so to 9274 retransfer the beverage license, it shall be retransferred to 9275 the Florida State Fair Authority upon proper request made in 9276 writing to the Division of Alcoholic Beverages, Marijuana, and 9277 Tobacco of the Department of Business and Professional 9278 Regulation. Thereafter, the beverage license may again be 9279 transferred upon the same terms and conditions to any new 9280 concessionaire under contract with the Florida State Fair 9281 Authority. It is the intent and purpose of this section that the 9282 beverage license be at all times the property of the Florida 9283 State Fair Authority, subject to its transfer, from time to 9284 time, to enable the concessionaire under contract with the 9285 Florida State Fair Authority to furnish alcoholic beverages 9286 within the Florida State Fairgrounds while operating under the 9287 beverage license authorized by this section. 9288 Section 54.Paragraphs (a) and (c) of subsection (3) of 9289 section 633.142, Florida Statutes, are amended to read: 9290 633.142Reduced Cigarette Ignition Propensity Standard and 9291 Firefighter Protection Act; preemption. 9292 (3)DEFINITIONS.For the purposes of this section: 9293 (a)Agent means any person authorized by the Division of 9294 Alcoholic Beverages, Marijuana, and Tobacco of the Department of 9295 Business and Professional Regulation to purchase and affix 9296 stamps on packages of cigarettes. 9297 (c)Division means the Division of Alcoholic Beverages, 9298 Marijuana, and Tobacco of the Department of Business and 9299 Professional Regulation. 9300 Section 55.Paragraph (a) of subsection (2) of section 9301 772.12, Florida Statutes, is amended to read: 9302 772.12Drug Dealer Liability Act. 9303 (2)A person, including any governmental entity, has a 9304 cause of action for threefold the actual damages sustained and 9305 is entitled to minimum damages in the amount of $1,000 and 9306 reasonable attorneys fees and court costs in the trial and 9307 appellate courts, if the person proves by the greater weight of 9308 the evidence that: 9309 (a)The person was injured because of the defendants 9310 actions that resulted in the defendants conviction for: 9311 1.A violation of s. 893.13, except for a violation of s. 9312 893.13(2)(a) or (b), (4), (5)(a) or (b), (6) s. 893.13(2)(a) or 9313 (b), (3), (5), (6)(a), (b), or (c), (7); or 9314 2.A violation of s. 893.135; and 9315 Section 56.Section 812.171, Florida Statutes, is amended 9316 to read: 9317 812.171Definition.As used in this act, the term 9318 convenience business means any place of business that is 9319 primarily engaged in the retail sale of groceries, or both 9320 groceries and gasoline, that is open for business at any time 9321 between the hours of 11 p.m. and 5 a.m., and that is licensed by 9322 the Division of Alcoholic Beverages, Marijuana, and Tobacco 9323 within the Department of Business and Professional Regulation 9324 pursuant to chapter 210, chapter 561, chapter 562, chapter 563, 9325 chapter 564, chapter 565, or chapter 569, as applicable. The 9326 term convenience business does not include: 9327 (1)A business that is solely or primarily a restaurant. 9328 (2)A business that always has at least five employees on 9329 the premises after 11 p.m. and before 5 a.m. 9330 (3)A business that has at least 10,000 square feet of 9331 retail floor space. 9332 (4)A business in which the owner or members of his or her 9333 family work between the hours of 11 p.m. and 5 a.m. 9334 Section 57.Subsections (3) through (6) of section 812.173, 9335 Florida Statutes, are amended to read: 9336 812.173Convenience business security. 9337 (3)Every convenience business shall be equipped with a 9338 silent alarm to law enforcement or a private security agency, 9339 unless an application for an exemption, adopted by rule by the 9340 Division of Alcoholic Beverages, Marijuana, and Tobacco, is made 9341 to and granted by the Division of Alcoholic Beverages, 9342 Marijuana, and Tobacco. An application for exemption must be in 9343 writing and must be accompanied by an administrative fee of $25 9344 for each store for which an exemption would apply. 9345 (4)If a murder, robbery, sexual battery, aggravated 9346 assault, aggravated battery, or kidnapping or false 9347 imprisonment, as those crimes are identified and defined by 9348 Florida Statutes, occurs or has occurred at a convenience 9349 business since July 1, 1989, and arises out of the operation of 9350 the convenience business, that convenience business shall notify 9351 the Division of Alcoholic Beverages, Marijuana, and Tobacco in 9352 writing and shall implement at least one of the following 9353 security measures within 30 days after a judicial determination 9354 that one or more of the aforementioned identified crimes 9355 occurred at the convenience business: 9356 (a)Provide at least two employees on the premises at all 9357 times after 11 p.m. and before 5 a.m.; 9358 (b)Install for use by employees at all times after 11 p.m. 9359 and before 5 a.m. a secured safety enclosure of transparent 9360 polycarbonate or other material that meets at least one of the 9361 following minimum standards: 9362 1.American Society for Testing and Materials Standard 9363 D3935 (classification PC110 B 3 0800700) and that has a 9364 thickness of at least 0.375 inches and has an impact strength of 9365 at least 200 foot pounds; or 9366 2.Underwriters Laboratory Standard UL 752 for medium power 9367 small arms (level one), Bullet Resisting Equipment; 9368 (c)Provide a security guard on the premises at all times 9369 after 11 p.m. and before 5 a.m.; 9370 (d)Lock the business premises throughout the hours of 11 9371 p.m. to 5 a.m., and only transact business through an indirect 9372 pass-through trough, trapdoor, or window; or 9373 (e)Close the business at all times after 11 p.m. and 9374 before 5 a.m. 9375 (5)For purposes of this section, any convenience business 9376 that by law implemented any of the security measures set forth 9377 in paragraphs (4)(a)-(e) and has maintained said measures as 9378 required by the Division of Alcoholic Beverages, Marijuana, and 9379 Tobacco without any occurrence or incidence of the crimes 9380 identified by subsection (4) for a period of no less than 24 9381 months immediately preceding the filing of a notice of 9382 exemption, may file with the department a notice of exemption 9383 from these enhanced security measures. In no event shall this 9384 exemption be interpreted to preclude full compliance with the 9385 security measures set forth in subsection (4) should any 9386 occurrence or incidence of the crimes identified by subsection 9387 (4) cause subsection (4) to be statutorily applicable. As of 9388 July 1, 2021, the Division of Alcoholic Beverages, Marijuana, 9389 and Tobacco will provide notice to any convenience business to 9390 which a subsection (4) incident occurred between July 1, 2019, 9391 and July 1, 2021. In no event shall the state or the Division of 9392 Alcoholic Beverages, Marijuana, and Tobacco incur any liability 9393 for the regulation and enforcement of this act. 9394 (6)The Division of Alcoholic Beverages, Marijuana, and 9395 Tobacco has the authority to investigate the premises and 9396 records of any licensee in order to determine whether the 9397 licensee is a convenience business and subject to this act. 9398 Section 58.Section 812.174, Florida Statutes, is amended 9399 to read: 9400 812.174Training of employees.The owner or principal 9401 operator of a convenience business or convenience businesses 9402 shall provide proper robbery deterrence and safety training by 9403 an approved curriculum to its retail employees within 60 days of 9404 employment. A proposed curriculum shall be submitted in writing 9405 to the Division of Alcoholic Beverages, Marijuana, and Tobacco 9406 with an administrative fee not to exceed $100. The Division of 9407 Alcoholic Beverages, Marijuana, and Tobacco shall review and 9408 approve or disapprove the curriculum in writing within 60 days 9409 after receipt. The state shall have no liability for approving 9410 or disapproving a training curriculum under this section. 9411 Approval shall be given to a curriculum which trains and 9412 familiarizes retail employees with the security principles, 9413 devices, and measures required by s. 812.173. Disapproval of a 9414 curriculum shall be subject to the provisions of chapter 120. No 9415 person shall be liable for ordinary negligence due to 9416 implementing an approved curriculum if the training was actually 9417 provided. A curriculum must be submitted for reapproval 9418 biennially on or before the date established by rule by the 9419 Division of Alcoholic Beverages, Marijuana, and Tobacco and must 9420 be accompanied by an administrative fee not to exceed $100. 9421 Section 59.Section 812.175, Florida Statutes, is amended 9422 to read: 9423 812.175Enforcement; civil fine. 9424 (1)The violation of any provision of this act by any owner 9425 or principal operator of a convenience business shall result in 9426 a notice of violation from the Division of Alcoholic Beverages, 9427 Marijuana, and Tobacco. Violators shall have 30 days after 9428 receipt of the notice to provide proof of compliance to the 9429 Division of Alcoholic Beverages, Marijuana, and Tobacco. If the 9430 violation continues after the 30-day period, the Division of 9431 Alcoholic Beverages, Marijuana, and Tobacco may impose a civil 9432 fine not to exceed $5,000. The Division of Alcoholic Beverages, 9433 Marijuana, and Tobacco has the authority to investigate any 9434 alleged violation and may compromise any alleged violation by 9435 accepting from the owner or principal operator an amount not to 9436 exceed $5,000. The Division of Alcoholic Beverages, Marijuana, 9437 and Tobacco may suspend the imposition of any fine conditioned 9438 upon terms the Division of Alcoholic Beverages, Marijuana, and 9439 Tobacco in its discretion deems appropriate. Notices of 9440 violation and civil fines are subject to chapter 120. 9441 (2)Moneys received by the Division of Alcoholic Beverages, 9442 Marijuana, and Tobacco pursuant to this act must be deposited in 9443 the General Revenue Fund. 9444 (3)The Division of Alcoholic Beverages, Marijuana, and 9445 Tobacco is given full power and authority to petition for an 9446 injunction when it is determined that the health, safety, and 9447 public welfare is threatened by continued operation of a 9448 convenience business in violation of this act. In any action for 9449 injunction, the Division of Alcoholic Beverages, Marijuana, and 9450 Tobacco may seek a civil penalty not to exceed $5,000 per 9451 violation, plus attorneys fees and costs. 9452 (4)The Division of Alcoholic Beverages, Marijuana, and 9453 Tobacco may enter into agreements with local governments to 9454 assist in the enforcement of ss. 812.1701-812.175. Such 9455 agreements may include provision for reimbursement of 9456 investigative and enforcement costs incurred by such local 9457 governments. 9458 Section 60.Section 812.176, Florida Statutes, is amended 9459 to read: 9460 812.176Rulemaking authority.The Division of Alcoholic 9461 Beverages, Marijuana, and Tobacco shall have the power to adopt 9462 rules pursuant to chapter 120 as necessary to implement the 9463 Convenience Business Security Act. The security measures and 9464 training provisions of ss. 812.173 and 812.174 shall meet the 9465 requirements of the department as set forth by rule. 9466 Section 61.Subsection (1) of section 832.06, Florida 9467 Statutes, is amended to read: 9468 832.06Prosecution for worthless checks given tax collector 9469 for licenses or taxes; refunds. 9470 (1)Whenever any person, firm, or corporation violates the 9471 provisions of s. 832.05 by drawing, making, uttering, issuing, 9472 or delivering to any county tax collector any check, draft, or 9473 other written order on any bank or depository for the payment of 9474 money or its equivalent for any tag, title, lien, tax (except ad 9475 valorem taxes), penalty, or fee relative to a boat, airplane, 9476 motor vehicle, driver license, or identification card; any 9477 occupational license, beverage license, or sales or use tax; or 9478 any hunting or fishing license, the county tax collector, after 9479 the exercise of due diligence to locate the person, firm, or 9480 corporation which drew, made, uttered, issued, or delivered the 9481 check, draft, or other written order for the payment of money, 9482 or to collect the same by the exercise of due diligence and 9483 prudence, shall swear out a complaint in the proper court 9484 against the person, firm, or corporation for the issuance of the 9485 worthless check or draft. If the state attorney cannot sign the 9486 information due to lack of proof, as determined by the state 9487 attorney in good faith, for a prima facie case in court, he or 9488 she shall issue a certificate so stating to the tax collector. 9489 If payment of the dishonored check, draft, or other written 9490 order, together with court costs expended, is not received in 9491 full by the county tax collector within 30 days after service of 9492 the warrant, 30 days after conviction, or 60 days after the 9493 collector swears out the complaint or receives the certificate 9494 of the state attorney, whichever is first, the county tax 9495 collector shall make a written report to this effect to the 9496 Department of Highway Safety and Motor Vehicles relative to 9497 motor vehicles and vessels, to the Department of Revenue 9498 relative to occupational licenses and the sales and use tax, to 9499 the Division of Alcoholic Beverages, Marijuana, and Tobacco of 9500 the Department of Business and Professional Regulation relative 9501 to beverage licenses, or to the Fish and Wildlife Conservation 9502 Commission relative to hunting and fishing licenses, containing 9503 a statement of the amount remaining unpaid on the worthless 9504 check or draft. If the information is not signed, the 9505 certificate of the state attorney is issued, and the written 9506 report of the amount remaining unpaid is made, the county tax 9507 collector may request the sum be forthwith refunded by the 9508 appropriate governmental entity, agency, or department. If a 9509 warrant has been issued and served, he or she shall certify to 9510 that effect, together with the court costs and amount remaining 9511 unpaid on the check. The county tax collector may request that 9512 the sum of money certified by him or her be forthwith refunded 9513 by the Department of Highway Safety and Motor Vehicles, the 9514 Department of Revenue, the Division of Alcoholic Beverages, 9515 Marijuana, and Tobacco of the Department of Business and 9516 Professional Regulation, or the Fish and Wildlife Conservation 9517 Commission to the county tax collector. Within 30 days after 9518 receipt of the request, the Department of Highway Safety and 9519 Motor Vehicles, the Department of Revenue, the Division of 9520 Alcoholic Beverages, Marijuana, and Tobacco of the Department of 9521 Business and Professional Regulation, or the Fish and Wildlife 9522 Conservation Commission, upon being satisfied as to the 9523 correctness of the certificate of the tax collector, or the 9524 report, shall refund to the county tax collector the sums of 9525 money so certified or reported. If any officer of any court 9526 issuing the warrant is unable to serve it within 60 days after 9527 the issuance and delivery of it to the officer for service, the 9528 officer shall make a written return to the county tax collector 9529 to this effect. Thereafter, the county tax collector may certify 9530 that the warrant has been issued and that service has not been 9531 had upon the defendant and further certify the amount of the 9532 worthless check or draft and the amount of court costs expended 9533 by the county tax collector, and the county tax collector may 9534 file the certificate with the Department of Highway Safety and 9535 Motor Vehicles relative to motor vehicles and vessels, with the 9536 Department of Revenue relative to occupational licenses and the 9537 sales and use tax, with the Division of Alcoholic Beverages, 9538 Marijuana, and Tobacco of the Department of Business and 9539 Professional Regulation relative to beverage licenses, or with 9540 the Fish and Wildlife Conservation Commission relative to 9541 hunting and fishing licenses, together with a request that the 9542 sums of money so certified be forthwith refunded by the 9543 Department of Highway Safety and Motor Vehicles, the Department 9544 of Revenue, the Division of Alcoholic Beverages, Marijuana, and 9545 Tobacco of the Department of Business and Professional 9546 Regulation, or the Fish and Wildlife Conservation Commission to 9547 the county tax collector, and within 30 days after receipt of 9548 the request, the Department of Highway Safety and Motor 9549 Vehicles, the Department of Revenue, the Division of Alcoholic 9550 Beverages, Marijuana, and Tobacco of the Department of Business 9551 and Professional Regulation, or the Fish and Wildlife 9552 Conservation Commission, upon being satisfied as to the 9553 correctness of the certificate, shall refund the sums of money 9554 so certified to the county tax collector. 9555 Section 62.Subsection (3) of section 877.18, Florida 9556 Statutes, is amended to read: 9557 877.18Identification card or document purporting to 9558 contain applicants age or date of birth; penalties for failure 9559 to comply with requirements for sale or issuance. 9560 (3)All records required to be maintained by this section 9561 shall be available for inspection without warrant upon 9562 reasonable demand by any law enforcement officer, including, but 9563 not limited to, a state attorney investigator or an investigator 9564 for the Division of Alcoholic Beverages, Marijuana, and Tobacco. 9565 Section 63.Paragraph (c) of subsection (4) of section 9566 893.055, Florida Statutes, is amended to read: 9567 893.055Prescription drug monitoring program. 9568 (4)The following persons must be provided direct access to 9569 information in the system: 9570 (c)The program manager or designated program and support 9571 staff to administer the system. 9572 1.In order to calculate performance measures pursuant to 9573 subsection (14), the program manager or program and support 9574 staff members who have been directed by the program manager to 9575 calculate performance measures may have direct access to 9576 information that contains no identifying information of any 9577 patient, physician, health care practitioner, prescriber, or 9578 dispenser. 9579 2.The program manager or designated program and support 9580 staff must provide the department, upon request, data that does 9581 not contain patient, physician, health care practitioner, 9582 prescriber, or dispenser identifying information for public 9583 health care and safety initiatives purposes. 9584 3.The program manager, upon determining a pattern 9585 consistent with the departments rules established under 9586 subsection (16), may provide relevant information to the 9587 prescriber and dispenser. 9588 4.The program manager, upon determining a pattern 9589 consistent with the rules established under subsection (16) and 9590 having cause to believe a violation of s. 893.13(6)(a)8., 9591 (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or (8)(b) has 9592 occurred, may provide relevant information to the applicable law 9593 enforcement agency. 9594 9595 The program manager and designated program and support staff 9596 must complete a level II background screening. 9597 Section 64.Subsection (4) of section 893.0551, Florida 9598 Statutes, is amended to read: 9599 893.0551Public records exemption for the prescription drug 9600 monitoring program. 9601 (4)If the department determines consistent with its rules 9602 that a pattern of controlled substance abuse exists, the 9603 department may disclose such confidential and exempt information 9604 to the applicable law enforcement agency in accordance with s. 9605 893.055. The law enforcement agency may disclose to a criminal 9606 justice agency, as defined in s. 119.011, only information 9607 received from the department that is relevant to an identified 9608 active investigation that is specific to a violation of s. 9609 893.13(6)(a)8., (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or 9610 (8)(b). 9611 Section 65.Section 893.15, Florida Statutes, is amended to 9612 read: 9613 893.15Rehabilitation.Any person who violates s. 9614 893.13(5)(a) s. 893.13(6)(a) or (b) relating to possession may, 9615 in the discretion of the trial judge, be required to participate 9616 in a substance abuse services program approved or regulated by 9617 the Department of Children and Families pursuant to the 9618 provisions of chapter 397, provided the director of such program 9619 approves the placement of the defendant in such program. Such 9620 required participation shall be imposed in addition to any 9621 penalty or probation otherwise prescribed by law. However, the 9622 total time of such penalty, probation, and program participation 9623 may shall not exceed the maximum length of sentence possible for 9624 the offense. 9625 Section 66.Subsections (1) and (2) of section 893.21, 9626 Florida Statutes, are amended to read: 9627 893.21Alcohol-related or drug-related overdoses; medical 9628 assistance; immunity from arrest, charge, prosecution, and 9629 penalization. 9630 (1)A person acting in good faith who seeks medical 9631 assistance for an individual experiencing, or believed to be 9632 experiencing, an alcohol-related or a drug-related overdose may 9633 not be arrested, charged, prosecuted, or penalized for a 9634 violation of s. 893.147(1) or s. 893.13(5) s. 893.13(6), 9635 excluding paragraph (b) (c), if the evidence for such offense 9636 was obtained as a result of the persons seeking medical 9637 assistance. 9638 (2)A person who experiences, or has a good faith belief 9639 that he or she is experiencing, an alcohol-related or a drug 9640 related overdose and is in need of medical assistance may not be 9641 arrested, charged, prosecuted, or penalized for a violation of 9642 s. 893.147(1) or s. 893.13(5) s. 893.13(6), excluding paragraph 9643 (b) (c), if the evidence for such offense was obtained as a 9644 result of the persons seeking medical assistance. 9645 Section 67.Paragraphs (a), (b), (c), (e), (g), (h), and 9646 (i) of subsection (3) of section 921.0022, Florida Statutes, are 9647 amended to read: 9648 921.0022Criminal Punishment Code; offense severity ranking 9649 chart. 9650 (3)OFFENSE SEVERITY RANKING CHART 9651 (a)LEVEL 1 9652 9653 FloridaStatute FelonyDegree Description 9654 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 9655 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 9656 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 9657 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 9658 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 9659 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 9660 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 9661 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 9662 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 9663 322.212(5)(a) 3rd False application for driver license or identification card. 9664 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 9665 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 9666 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 9667 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 9668 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 9669 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 9670 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 9671 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 9672 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 9673 826.01 3rd Bigamy. 9674 828.122(3) 3rd Fighting or baiting animals. 9675 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 9676 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 9677 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 9678 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. 9679 838.15(2) 3rd Commercial bribe receiving. 9680 838.16 3rd Commercial bribery. 9681 843.18 3rd Fleeing by boat to elude a law enforcement officer. 9682 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 9683 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. 9684 849.23 3rd Gambling-related machines; common offender as to property rights. 9685 849.25(2) 3rd Engaging in bookmaking. 9686 860.08 3rd Interfere with a railroad signal. 9687 860.13(1)(a) 3rd Operate aircraft while under the influence. 9688 893.13(2)(a)2. 3rd Purchase of cannabis. 9689 893.13(5)(a)893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 9690 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 9691 (b)LEVEL 2 9692 9693 FloridaStatute FelonyDegree Description 9694 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 9695 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 9696 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. 9697 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 9698 590.28(1) 3rd Intentional burning of lands. 9699 784.03(3) 3rd Battery during a riot or an aggravated riot. 9700 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 9701 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 9702 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 9703 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 9704 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 9705 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 9706 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 9707 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling. 9708 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 9709 817.234(1)(a)2. 3rd False statement in support of insurance claim. 9710 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 9711 817.52(3) 3rd Failure to redeliver hired vehicle. 9712 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 9713 817.60(5) 3rd Dealing in credit cards of another. 9714 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 9715 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 9716 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 9717 831.01 3rd Forgery. 9718 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 9719 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 9720 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 9721 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 9722 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 9723 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 9724 843.08 3rd False personation. 9725 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. 9726 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 9727 (c)LEVEL 3 9728 9729 FloridaStatute FelonyDegree Description 9730 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 9731 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 9732 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 9733 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 9734 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 9735 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 9736 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 9737 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 9738 327.35(2)(b) 3rd Felony BUI. 9739 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 9740 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 9741 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 9742 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. 9743 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. 9744 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 9745 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 9746 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 9747 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 9748 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 9749 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 9750 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 9751 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 9752 697.08 3rd Equity skimming. 9753 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 9754 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 9755 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 9756 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 9757 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 9758 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 9759 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 9760 812.081(2) 3rd Theft of a trade secret. 9761 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 9762 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 9763 817.233 3rd Burning to defraud insurer. 9764 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 9765 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 9766 817.236 3rd Filing a false motor vehicle insurance application. 9767 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 9768 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 9769 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 9770 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 9771 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 9772 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 9773 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 9774 860.15(3) 3rd Overcharging for repairs and parts. 9775 870.01(2) 3rd Riot. 9776 870.01(4) 3rd Inciting a riot. 9777 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). 9778 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. 9779 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. 9780 893.13(3)(c)893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 9781 893.13(5)(a)893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 9782 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. 9783 893.13(6)(a)9.893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 9784 893.13(6)(a)10.893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 9785 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. 9786 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 practitioners practice. 9787 893.13(7)(a)2.893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 9788 893.13(7)(a)3.893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 9789 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. 9790 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 9791 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 9792 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 9793 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 9794 (e)LEVEL 5 9795 9796 FloridaStatute FelonyDegree Description 9797 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 9798 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 9799 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 9800 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 9801 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 9802 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. 9803 379.367(4) 3rd Willful molestation of a commercial harvesters spiny lobster trap, line, or buoy. 9804 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 9805 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 9806 440.10(1)(g) 2nd Failure to obtain workers compensation coverage. 9807 440.105(5) 2nd Unlawful solicitation for the purpose of making workers compensation claims. 9808 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers compensation premiums. 9809 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 9810 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 9811 790.01(2) 3rd Carrying a concealed firearm. 9812 790.162 2nd Threat to throw or discharge destructive device. 9813 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 9814 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 9815 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 9816 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 9817 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 9818 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 9819 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 9820 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 9821 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 9822 812.019(1) 2nd Stolen property; dealing in or trafficking in. 9823 812.081(3) 2nd Trafficking in trade secrets. 9824 812.131(2)(b) 3rd Robbery by sudden snatching. 9825 812.16(2) 3rd Owning, operating, or conducting a chop shop. 9826 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 9827 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 9828 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. 9829 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. 9830 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 9831 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 9832 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 9833 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 9834 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 9835 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 9836 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. 9837 843.01 3rd Resist officer with violence to person; resist arrest with violence. 9838 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 9839 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 9840 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 9841 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 9842 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 9843 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). 9844 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. 9845 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. 9846 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. 9847 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. 9848 893.13(3)(b)893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 9849 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 9850 (g)LEVEL 7 9851 9852 FloridaStatute FelonyDegree Description 9853 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 9854 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 9855 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. 9856 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 9857 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 9858 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 9859 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 9860 456.065(2) 3rd Practicing a health care profession without a license. 9861 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 9862 458.327(1) 3rd Practicing medicine without a license. 9863 459.013(1) 3rd Practicing osteopathic medicine without a license. 9864 460.411(1) 3rd Practicing chiropractic medicine without a license. 9865 461.012(1) 3rd Practicing podiatric medicine without a license. 9866 462.17 3rd Practicing naturopathy without a license. 9867 463.015(1) 3rd Practicing optometry without a license. 9868 464.016(1) 3rd Practicing nursing without a license. 9869 465.015(2) 3rd Practicing pharmacy without a license. 9870 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 9871 467.201 3rd Practicing midwifery without a license. 9872 468.366 3rd Delivering respiratory care services without a license. 9873 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 9874 483.901(7) 3rd Practicing medical physics without a license. 9875 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 9876 484.053 3rd Dispensing hearing aids without a license. 9877 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. 9878 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. 9879 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 9880 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 9881 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 9882 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 9883 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 9884 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 9885 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 9886 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 9887 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 9888 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 9889 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 9890 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 9891 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 9892 784.048(7) 3rd Aggravated stalking; violation of court order. 9893 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 9894 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 9895 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 9896 784.081(1) 1st Aggravated battery on specified official or employee. 9897 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 9898 784.083(1) 1st Aggravated battery on code inspector. 9899 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 9900 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. 9901 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 9902 790.16(1) 1st Discharge of a machine gun under specified circumstances. 9903 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 9904 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 9905 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 9906 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 9907 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 9908 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. 9909 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 9910 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 9911 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 9912 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. 9913 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. 9914 806.01(2) 2nd Maliciously damage structure by fire or explosive. 9915 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 9916 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 9917 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 9918 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 9919 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. 9920 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 9921 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 9922 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 9923 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 9924 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 9925 812.131(2)(a) 2nd Robbery by sudden snatching. 9926 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 9927 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 9928 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 9929 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 9930 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 9931 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. 9932 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 9933 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 9934 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 9935 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 9936 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 9937 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. 9938 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 9939 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 9940 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 9941 838.015 2nd Bribery. 9942 838.016 2nd Unlawful compensation or reward for official behavior. 9943 838.021(3)(a) 2nd Unlawful harm to a public servant. 9944 838.22 2nd Bid tampering. 9945 843.0855(2) 3rd Impersonation of a public officer or employee. 9946 843.0855(3) 3rd Unlawful simulation of legal process. 9947 843.0855(4) 3rd Intimidation of a public officer or employee. 9948 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 9949 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 9950 872.06 2nd Abuse of a dead human body. 9951 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 9952 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 9953 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. 9954 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. 9955 893.13(3)(a)893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 9956 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 9957 893.135(1)(a)1.a.893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 9958 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. 9959 893.135(1)(b)2.a.893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 9960 893.135(1)(b)2.b.893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 9961 893.135(1)(b)3.a.893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 9962 893.135(1)(b)3.b.893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 9963 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. 9964 893.135(1)(c)1.a.893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 9965 893.135(1)(d)1.893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 9966 893.135(1)(e)1.893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 9967 893.135(1)(f)1.a.893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 9968 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. 9969 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. 9970 893.135(1)(j)2.a.893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 9971 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. 9972 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. 9973 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. 9974 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 9975 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 9976 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 9977 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 9978 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 9979 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 9980 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 9981 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 9982 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 9983 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 9984 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 9985 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 9986 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 9987 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 9988 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 9989 (h)LEVEL 8 9990 9991 FloridaStatute FelonyDegree Description 9992 316.193(3)(c)3.a. 2nd DUI manslaughter. 9993 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 9994 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 9995 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 9996 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 9997 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. 9998 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. 9999 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 10000 777.03(2)(a) 1st Accessory after the fact, capital felony. 10001 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. 10002 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 10003 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 10004 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 10005 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 10006 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 10007 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 10008 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. 10009 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. 10010 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 10011 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. 10012 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. 10013 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. 10014 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. 10015 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 10016 800.04(4)(b) 2nd Lewd or lascivious battery. 10017 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 10018 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 10019 810.02(2)(a) 1st,PBL Burglary with assault or battery. 10020 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 10021 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 10022 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 10023 812.13(2)(b) 1st Robbery with a weapon. 10024 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 10025 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense. 10026 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense. 10027 817.505(4)(c) 1st Patient brokering; 20 or more patients. 10028 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 10029 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 10030 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 10031 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. 10032 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 10033 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 10034 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 10035 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 10036 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 10037 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 10038 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 10039 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 10040 860.16 1st Aircraft piracy. 10041 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). 10042 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 10043 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). 10044 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 10045 893.135(1)(a)1.b.893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 10046 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. 10047 893.135(1)(b)2.c.893.135(1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams. 10048 893.135(1)(b)3.c.893.135(1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 10049 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. 10050 893.135(1)(c)1.b.893.135(1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 10051 893.135(1)(d)1.b.893.135(1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 10052 893.135(1)(e)1.b.893.135(1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 10053 893.135(1)(f)1.b.893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 10054 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. 10055 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. 10056 893.135(1)(j)2.b.893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 10057 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. 10058 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. 10059 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 10060 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 10061 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 10062 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 10063 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 10064 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. 10065 (i)LEVEL 9 10066 10067 FloridaStatute FelonyDegree Description 10068 316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 10069 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 10070 409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 10071 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 10072 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 10073 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 10074 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 10075 775.0844 1st Aggravated white collar crime. 10076 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 10077 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. 10078 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 10079 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 10080 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 10081 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 10082 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 10083 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. 10084 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 10085 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 10086 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. 10087 790.161 1st Attempted capital destructive device offense. 10088 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 10089 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 10090 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 10091 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. 10092 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 10093 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years. 10094 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 10095 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. 10096 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 10097 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 10098 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 10099 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 10100 812.135(2)(b) 1st Home-invasion robbery with weapon. 10101 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 10102 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 10103 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. 10104 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. 10105 827.03(2)(a) 1st Aggravated child abuse. 10106 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 10107 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 10108 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. 10109 893.135 1st Attempted capital trafficking offense. 10110 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 10111 893.135(1)(a)1.c.893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 10112 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. 10113 893.135(1)(b)2.d.893.135(1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms. 10114 893.135(1)(b)3.d.893.135(1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms. 10115 893.135(1)(b)4.b.(III)893.135(1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more. 10116 893.135(1)(c)1.c.893.135(1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more. 10117 893.135(1)(d)1.c.893.135(1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more. 10118 893.135(1)(e)1.c.893.135(1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more. 10119 893.135(1)(g)1.c.893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. 10120 893.135(1)(i)1.c.893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more. 10121 893.135(1)(j)2.c.893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 10122 893.135(1)(l)2.d.893.135(1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more. 10123 893.135(1)(m)2.c.893.135(1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more. 10124 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 10125 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 10126 Section 68.Paragraph (c) of subsection (6) of section 10127 932.7055, Florida Statutes, is amended to read: 10128 932.7055Disposition of liens and forfeited property. 10129 (6)If the seizing agency is a state agency, all remaining 10130 proceeds shall be deposited into the General Revenue Fund. 10131 However, if the seizing agency is: 10132 (c)The Division of Alcoholic Beverages, Marijuana, and 10133 Tobacco, the proceeds accrued pursuant to the Florida Contraband 10134 Forfeiture Act shall be deposited into the Alcoholic Beverage, 10135 Marijuana, and Tobacco Trust Fund or into the departments 10136 Federal Law Enforcement Trust Fund as provided in s. 561.027, as 10137 applicable. 10138 Section 69.Subsection (1) of section 948.20, Florida 10139 Statutes, is amended to read: 10140 948.20Drug offender probation. 10141 (1)If it appears to the court upon a hearing that the 10142 defendant is a chronic substance abuser whose criminal conduct 10143 is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other 10144 nonviolent felony if such nonviolent felony is committed on or 10145 after July 1, 2009, and notwithstanding s. 921.0024 the 10146 defendants Criminal Punishment Code scoresheet total sentence 10147 points are 60 points or fewer, the court may either adjudge the 10148 defendant guilty or stay and withhold the adjudication of guilt. 10149 In either case, the court may also stay and withhold the 10150 imposition of sentence and place the defendant on drug offender 10151 probation or into a postadjudicatory treatment-based drug court 10152 program if the defendant otherwise qualifies. As used in this 10153 section, the term nonviolent felony means a third degree 10154 felony violation under chapter 810 or any other felony offense 10155 that is not a forcible felony as defined in s. 776.08. 10156 Section 70.Paragraph (d) of subsection (2) of section 10157 1002.395, Florida Statutes, is amended to read: 10158 1002.395Florida Tax Credit Scholarship Program. 10159 (2)DEFINITIONS.As used in this section, the term: 10160 (d)Division means the Division of Alcoholic Beverages, 10161 Marijuana, and Tobacco of the Department of Business and 10162 Professional Regulation. 10163 Section 71.Paragraph (d) of subsection (1) of section 10164 1003.485, Florida Statutes, is amended to read: 10165 1003.485The New Worlds Reading Initiative. 10166 (1)DEFINITIONS.As used in this section, the term: 10167 (d)Division means the Division of Alcoholic Beverages, 10168 Marijuana, and Tobacco of the Department of Business and 10169 Professional Regulation. 10170 Section 72.This act shall take effect July 1, 2022.