FL
Florida House Bill H0493

Florida 2023 Regular Session

Florida House Bill H0493 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 HB 493 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
88 hb0493-00
99 Page 1 of 9
1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to applicants for licensure as a 2
1616 medical marijuana treatment center; amending s. 3
1717 381.986, F.S.; authorizing a joint venture partner of 4
1818 specified applicants to be licensed as a medical 5
1919 marijuana treatment center and receive maximum points 6
2020 for its diversity plan; requiring the Department of 7
2121 Health to license specified applicants that are 8
2222 recognized class members of specified class actions; 9
2323 providing that the rights of such recognized class 10
2424 members inures to its successors or assignees; 11
2525 authorizing an applicant for licensure as a medical 12
2626 marijuana treatment center to demonstrate that such 13
2727 applicant has maintained a bona fide business in the 14
2828 agriculture industry for a certain amount of time 15
2929 before submitting the application; revising diversity 16
3030 plan requirements for applicants; providing an 17
3131 effective date. 18
3232 19
3333 Be It Enacted by the Legislature of the State of Florida: 20
3434 21
3535 Section 1. Paragraphs (a) and (b ) of subsection (8) of 22
3636 section 381.986, Florida Statutes, are amended to read: 23
3737 381.986 Medical use of marijuana. — 24
3838 (8) MEDICAL MARIJUANA TREATMENT CENTERS. — 25
3939
4040 HB 493 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
4545 hb0493-00
4646 Page 2 of 9
4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
5151 (a) The department shall license medical marijuana 26
5252 treatment centers to ensure reasonable stat ewide accessibility 27
5353 and availability as necessary for qualified patients registered 28
5454 in the medical marijuana use registry and who are issued a 29
5555 physician certification under this section. 30
5656 1. As soon as practicable, but no later than July 3, 2017, 31
5757 the department shall license as a medical marijuana treatment 32
5858 center any entity that holds an active, unrestricted license to 33
5959 cultivate, process, transport, and dispense low -THC cannabis, 34
6060 medical cannabis, and cannabis delivery devices, under former s. 35
6161 381.986, Florida Statutes 2016, before July 1, 2017, and which 36
6262 meets the requirements of this section. In addition to the 37
6363 authority granted under this section, these entities are 38
6464 authorized to dispense low -THC cannabis, medical cannabis, and 39
6565 cannabis delivery devices ordered pursuant to former s. 381.986, 40
6666 Florida Statutes 2016, which were entered into the compassionate 41
6767 use registry before July 1, 2017, and are authorized to begin 42
6868 dispensing marijuana under this section on July 3, 2017. The 43
6969 department may grant varianc es from the representations made in 44
7070 such an entity's original application for approval under former 45
7171 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 46
7272 2. The department shall license as medical marijuana 47
7373 treatment centers 10 applicants that me et the requirements of 48
7474 this section, under the following parameters: 49
7575 a. As soon as practicable, but no later than August 1, 50
7676
7777 HB 493 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
8282 hb0493-00
8383 Page 3 of 9
8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8585
8686
8787
8888 2017, the department shall license any applicant whose 51
8989 application was reviewed, evaluated, and scored by the 52
9090 department and which was denied a dispensing organization 53
9191 license by the department under former s. 381.986, Florida 54
9292 Statutes 2014; which had one or more administrative or judicial 55
9393 challenges pending as of January 1, 2017, or had a final ranking 56
9494 within one point of the highes t final ranking in its region 57
9595 under former s. 381.986, Florida Statutes 2014; which meets the 58
9696 requirements of this section; and which provides documentation 59
9797 to the department that it has the existing infrastructure and 60
9898 technical and technological ability t o begin cultivating 61
9999 marijuana within 30 days after registration as a medical 62
100100 marijuana treatment center. 63
101101 b. As soon as practicable, the department shall license 64
102102 one applicant that is a recognized class member of Pigford v. 65
103103 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers 66
104104 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed 67
105105 under this sub-subparagraph is exempt from the requirement of 68
106106 subparagraph (b)2. An applicant or a joint venture partner of 69
107107 such applicant that applies for licens ure under this sub-70
108108 subparagraph, pays its initial application fee, is determined by 71
109109 the department through the application process to qualify as a 72
110110 recognized class member, and is not awarded a license under this 73
111111 sub-subparagraph may transfer its initial ap plication fee to one 74
112112 subsequent opportunity to apply for licensure under subparagraph 75
113113
114114 HB 493 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119119 hb0493-00
120120 Page 4 of 9
121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125125 4. and receive the maximum consideration for its diversity plan 76
126126 as described in subparagraph (b)10. 77
127127 c. As soon as practicable, but no later than August 1, 78
128128 2023, the department shall license any applicant that is a 79
129129 recognized class member of Pigford v. Glickman, 185 F.R.D. 82 80
130130 (D.D.C. 1999) or In Re Black Farmers Litig., 856 F. Supp. 2d 1 81
131131 (D.D.C. 2011) whose application was reviewed, evaluated, and 82
132132 scored by the department and was denied a dispensing 83
133133 organization license by the department under former s. 381.986, 84
134134 Florida Statutes 2014; had one or more administrative or 85
135135 judicial challenges pending as of October 11, 2022, or had a 86
136136 final ranking within one point of the highest final ranking in 87
137137 its region under former s. 381.986, Florida Statutes 2014; meets 88
138138 the requirements of this section; provides documentation to the 89
139139 department that he or she is a recognized class member of 90
140140 Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or In Re Black 91
141141 Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) at the time of 92
142142 the application; and provides documentation to the department 93
143143 that it has the existing infrastructure and technical and 94
144144 technological ability to begin cultivating marijuana within 30 95
145145 days after registration as a medical marijuana treatment center. 96
146146 The rights of the recognized class member under this sub -97
147147 subparagraph inures to its successors or assignees. 98
148148 d.c. As soon as practicable, but no later than October 3, 99
149149 2017, the department shall license applicants that meet the 100
150150
151151 HB 493 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156156 hb0493-00
157157 Page 5 of 9
158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159159
160160
161161
162162 requirements of this section in sufficient numbers to result in 101
163163 10 total licenses issued under this subparagraph, while 102
164164 accounting for the number of licenses issued under sub -103
165165 subparagraphs a. and b. 104
166166 3. For up to two of the licenses issued under subparagraph 105
167167 2., the department shall give preference to applicants that 106
168168 demonstrate in the their applications ownership of that they own 107
169169 one or more facilities that are, or were, used for the canning, 108
170170 concentrating, or othe rwise processing of citrus fruit or citrus 109
171171 molasses and that will be used use or converted convert the 110
172172 facility or facilities for the processing of marijuana. 111
173173 4. Within 6 months after the registration of 100,000 112
174174 active qualified patients in the medical m arijuana use registry, 113
175175 the department shall license four additional medical marijuana 114
176176 treatment centers that meet the requirements of this section. 115
177177 Thereafter, the department shall license four medical marijuana 116
178178 treatment centers within 6 months after the registration of each 117
179179 additional 100,000 active qualified patients in the medical 118
180180 marijuana use registry that meet the requirements of this 119
181181 section. 120
182182 (b) An applicant for licensure as a medical marijuana 121
183183 treatment center shall apply to the department on a form 122
184184 prescribed by the department and adopted in rule. The department 123
185185 shall adopt rules pursuant to ss. 120.536(1) and 120.54 124
186186 establishing a procedure for the issuance and biennial renewal 125
187187
188188 HB 493 2023
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193193 hb0493-00
194194 Page 6 of 9
195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196196
197197
198198
199199 of licenses, including initial application and biennial renewal 126
200200 fees sufficient to cover the costs of implementing and 127
201201 administering this section, and establishing supplemental 128
202202 licensure fees for payment beginning May 1, 2018, sufficient to 129
203203 cover the costs of administering ss. 381.989 and 1004.4351. The 130
204204 department shall identify applicants with strong diversity plans 131
205205 reflecting this state's commitment to diversity and implement 132
206206 training programs and other educational programs to enable 133
207207 minority persons and minority business enterprises, as defined 134
208208 in s. 288.703, and vetera n business enterprises, as defined in 135
209209 s. 295.187, to compete for medical marijuana treatment center 136
210210 licensure and contracts. Subject to the requirements in 137
211211 subparagraphs (a)2.-4., the department shall issue a license to 138
212212 an applicant if the applicant meets the requirements of this 139
213213 section and pays the initial application fee. The department 140
214214 shall renew the licensure of a medical marijuana treatment 141
215215 center biennially if the licensee meets the requirements of this 142
216216 section and pays the biennial renewal fee. How ever, the 143
217217 department may not renew the license of a medical marijuana 144
218218 treatment center that has not begun to cultivate, process, and 145
219219 dispense marijuana by the date that the medical marijuana 146
220220 treatment center is required to renew its license. An individual 147
221221 may not be an applicant, owner, officer, board member, or 148
222222 manager on more than one application for licensure as a medical 149
223223 marijuana treatment center. An individual or entity may not be 150
224224
225225 HB 493 2023
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230230 hb0493-00
231231 Page 7 of 9
232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233233
234234
235235
236236 awarded more than one license as a medical marijuana treatment 151
237237 center. An applicant for licensure as a medical marijuana 152
238238 treatment center must demonstrate: 153
239239 1. That, for the 5 consecutive years before submitting the 154
240240 application, the applicant has been registered to do business in 155
241241 the state or has maintained a bona fide business in the 156
242242 agriculture industry in the state . 157
243243 2. Possession of a valid certificate of registration 158
244244 issued by the Department of Agriculture and Consumer Services 159
245245 pursuant to s. 581.131. 160
246246 3. The technical and technological ability to cultivate 161
247247 and produce marijuana, including, but not limited to, low -THC 162
248248 cannabis. 163
249249 4. The ability to secure the premises, resources, and 164
250250 personnel necessary to operate as a medical marijuana treatment 165
251251 center. 166
252252 5. The ability to maintain accountability of all raw 167
253253 materials, finished products, and any byproducts to prevent 168
254254 diversion or unlawful access to or possession of these 169
255255 substances. 170
256256 6. An infrastructure reasonably located to dispense 171
257257 marijuana to registered qualified patients statewide or 172
258258 regionally as determined b y the department. 173
259259 7. The financial ability to maintain operations for the 174
260260 duration of the 2-year approval cycle, including the provision 175
261261
262262 HB 493 2023
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267267 hb0493-00
268268 Page 8 of 9
269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270270
271271
272272
273273 of certified financial statements to the department. 176
274274 a. Upon approval, the applicant must post a $5 million 177
275275 performance bond issued by an authorized surety insurance 178
276276 company rated in one of the three highest rating categories by a 179
277277 nationally recognized rating service. However, a medical 180
278278 marijuana treatment center serving at least 1,000 qualified 181
279279 patients is only requir ed to maintain a $2 million performance 182
280280 bond. 183
281281 b. In lieu of the performance bond required under sub -184
282282 subparagraph a., the applicant may provide an irrevocable letter 185
283283 of credit payable to the department or provide cash to the 186
284284 department. If provided with c ash under this sub-subparagraph, 187
285285 the department shall deposit the cash in the Grants and 188
286286 Donations Trust Fund within the Department of Health, subject to 189
287287 the same conditions as the bond regarding requirements for the 190
288288 applicant to forfeit ownership of the f unds. If the funds 191
289289 deposited under this sub -subparagraph generate interest, the 192
290290 amount of that interest shall be used by the department for the 193
291291 administration of this section. 194
292292 8. That all owners, officers, board members, and managers 195
293293 have passed a backgr ound screening pursuant to subsection (9). 196
294294 9. The employment of a medical director to supervise the 197
295295 activities of the medical marijuana treatment center. 198
296296 10. A diversity plan that promotes and ensures the 199
297297 involvement of minority persons and minority bu siness 200
298298
299299 HB 493 2023
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304304 hb0493-00
305305 Page 9 of 9
306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307307
308308
309309
310310 enterprises, as defined in s. 288.703, or veteran business 201
311311 enterprises, as defined in s. 295.187, in ownership, management, 202
312312 and employment. Any applicant that is a recognized class member 203
313313 of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or In Re 204
314314 Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) satisfies 205
315315 the diversity plan requirement and shall receive the maximum 206
316316 consideration on the application for administration of this 207
317317 section. Any applicant that applies as a joint venture partner 208
318318 with a recognized class member shall also receive the maximum 209
319319 consideration on the application for administration of this 210
320320 section. An applicant for licensure renewal must show the 211
321321 effectiveness of the diversity plan by including the following 212
322322 with his or her appli cation for renewal: 213
323323 a. Representation of minority persons and veterans in the 214
324324 medical marijuana treatment center's workforce; 215
325325 b. Efforts to recruit minority persons and veterans for 216
326326 employment; and 217
327327 c. A record of contracts for services with minority 218
328328 business enterprises and veteran business enterprises. 219
329329 Section 2. This act shall take effect July 1, 2023. 220