HB 1053 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to location of medical marijuana 2
centers, retail vape shops, and on -premises 3
consumption of alcohol; amending s. 381.986, F.S.; 4
revising the authorized distance between the location 5
of certain medical marijuana treatment centers and 6
specified religious or educational institutions upon a 7
specified date; creating s. 386.2065, F.S.; specifying 8
the authorized distance between the locat ion of retail 9
vape shops and specified religious or educational 10
institutions upon a specified date; providing 11
applicability; amending s. 562.45, F.S.; revising the 12
authorized distance between the location of businesses 13
that allow on-premises consumption of alcoholic 14
beverages and specified religious or educational 15
institutions upon a specified date; removing local 16
governments' ability to approve such a location for 17
specified purposes; providing an effective date. 18
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Be It Enacted by the Legislature of the State of Florida: 20
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Section 1. Paragraphs (a) and (c) of subsection (11) of 22
section 381.986, Florida Statutes, are amended to read: 23
381.986 Medical use of marijuana. — 24
(11) PREEMPTION.—Regulation of cultivation, processing, 25
HB 1053 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and delivery of marijuana by medical marijuana treatment centers 26
is preempted to the state except as provided in this subsection. 27
(a)1. A medical marijuana treatment center cultivating or 28
processing facility may not be located within 500 feet of the 29
real property that comprises a public or private elementary 30
school, middle school, or secondary school. 31
2. Effective July 1, 2024, a new medical marijuana 32
treatment center cultivating or processing facility may not be 33
located within 1,500 feet of the real property that comprises a 34
religious institution or a public or private day care facility, 35
elementary school, middle school, or secondary school, or 36
postsecondary school 37
(c)1. A medical marijuana treatment center dispensing 38
facility may not be located within 500 feet of the real pr operty 39
that comprises a public or private elementary school, middle 40
school, or secondary school . 41
2. Effective July 1, 2024, a new medical marijuana 42
treatment center dispensing facility may not be located within 43
1,500 feet of the real property that compri ses a religious 44
institution or a public or private day care facility, elementary 45
school, middle school, or secondary school, or postsecondary 46
school unless the county or municipality approves the location 47
through a formal proceeding open to the public at w hich the 48
county or municipality determines that the location promotes the 49
public health, safety, and general welfare of the community . 50
HB 1053 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 386.2065, Florida Statutes, is created 51
to read: 52
386.2065 Regulation of retail vape shops; applic ability.— 53
(a) Effective July 1, 2024, a new retail vape shop as 54
defined under s. 386.203 may not be located within 1,500 feet of 55
the real property that comprises a religious institution or a 56
public or private day care facility, elementary school, middle 57
school, secondary school, or postsecondary school. 58
(b) This section does not apply to a retail vape shop 59
operating before July 1, 2024. 60
Section 3. Paragraph (a) of subsection (2) of section 61
562.45, Florida Statutes, is amended to read: 62
562.45 Penalties for violating Beverage Law; local 63
ordinances; prohibiting regulation of certain activities or 64
business transactions; requiring nondiscriminatory treatment; 65
providing exceptions. — 66
(2)(a) Nothing contained in the Beverage Law may be 67
construed to affect or impair the power or right of any county 68
or incorporated municipality of the state to enact ordinances 69
regulating the hours of business and location of place of 70
business, and prescribing sanitary regulations therefor, of any 71
licensee under the Beverage Law within the county or corporate 72
limits of such municipality. However, except for premises 73
licensed on or before July 1, 1999, and except for locations 74
licensed as restaurants, which derive at least 51 percent of 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
their gross revenues from t he sale of food and nonalcoholic 76
beverages, pursuant to chapter 509, a location for on -premises 77
consumption of alcoholic beverages may not be located within 500 78
feet of the real property that comprises a public or private 79
elementary school, middle school, or secondary school. Effective 80
July 1, 2024, a new location for on -premises consumption of 81
alcoholic beverages may not be located within 1,500 feet of the 82
real property that comprises a religious institution or a public 83
or private day care facility, elemen tary school, middle school, 84
or secondary school, or postsecondary school unless the county 85
or municipality approves the location as promoting the public 86
health, safety, and general welfare of the community under 87
proceedings as provided in s. 125.66(5), for counties, and s. 88
166.041(3)(c), for municipalities . This restriction may not, 89
however, be construed to prohibit the issuance of temporary 90
permits to certain nonprofit organizations as provided for in s. 91
561.422. The division may not issue a change in the series of a 92
license or approve a change of a licensee's location unless the 93
licensee provides documentation of proper zoning from the 94
appropriate county or municipal zoning authorities. 95
Section 4. This act shall take effect July 1, 2024. 96