| 21 | | - | specified date; providing applicability; creating s. 8 |
|---|
| 22 | | - | 386.2065, F.S.; specifying the authorized distance 9 |
|---|
| 23 | | - | between the location of retail vape shops and 10 |
|---|
| 24 | | - | specified religious or educational institutions upon a 11 |
|---|
| 25 | | - | specified date; providing applicability; amending s. 12 |
|---|
| 26 | | - | 562.45, F.S.; revising the authorized distance between 13 |
|---|
| 27 | | - | the location of businesses that allow on -premises 14 |
|---|
| 28 | | - | consumption of alcoholic beverages and specified 15 |
|---|
| 29 | | - | religious or educational institutions upon a specified 16 |
|---|
| 30 | | - | date; providing applicability; removing local 17 |
|---|
| 31 | | - | governments' ability to approve such a location for 18 |
|---|
| 32 | | - | specified purposes; providing an effective date. 19 |
|---|
| 33 | | - | 20 |
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| 34 | | - | Be It Enacted by the Legislature of the State of Florida: 21 |
|---|
| 35 | | - | 22 |
|---|
| 36 | | - | Section 1. Paragraphs (a) and (c) of subsection (11) of 23 |
|---|
| 37 | | - | section 381.986, Florida Statutes, are amended to read: 24 |
|---|
| 38 | | - | 381.986 Medical use of marijuana. — 25 |
|---|
| 21 | + | specified date; creating s. 386.2065, F.S.; specifying 8 |
|---|
| 22 | + | the authorized distance between the locat ion of retail 9 |
|---|
| 23 | + | vape shops and specified religious or educational 10 |
|---|
| 24 | + | institutions upon a specified date; providing 11 |
|---|
| 25 | + | applicability; amending s. 562.45, F.S.; revising the 12 |
|---|
| 26 | + | authorized distance between the location of businesses 13 |
|---|
| 27 | + | that allow on-premises consumption of alcoholic 14 |
|---|
| 28 | + | beverages and specified religious or educational 15 |
|---|
| 29 | + | institutions upon a specified date; removing local 16 |
|---|
| 30 | + | governments' ability to approve such a location for 17 |
|---|
| 31 | + | specified purposes; providing an effective date. 18 |
|---|
| 32 | + | 19 |
|---|
| 33 | + | Be It Enacted by the Legislature of the State of Florida: 20 |
|---|
| 34 | + | 21 |
|---|
| 35 | + | Section 1. Paragraphs (a) and (c) of subsection (11) of 22 |
|---|
| 36 | + | section 381.986, Florida Statutes, are amended to read: 23 |
|---|
| 37 | + | 381.986 Medical use of marijuana. — 24 |
|---|
| 38 | + | (11) PREEMPTION.—Regulation of cultivation, processing, 25 |
|---|
| 51 | | - | (11) PREEMPTION.—Regulation of cultivation, processing, 26 |
|---|
| 52 | | - | and delivery of marijuana by medical marijuana treatment centers 27 |
|---|
| 53 | | - | is preempted to the state except as provided in this subsection. 28 |
|---|
| 54 | | - | (a)1. A medical marijuana treatment center cultivating or 29 |
|---|
| 55 | | - | processing facility may not be located within 500 feet of the 30 |
|---|
| 56 | | - | real property that comprises a public or private elementary 31 |
|---|
| 57 | | - | school, middle school, or secondary school. 32 |
|---|
| 58 | | - | 2. Effective July 1, 2024, a new medical marijuana 33 |
|---|
| 59 | | - | treatment center cultivating or processing facility may not be 34 |
|---|
| 60 | | - | located within 1,500 feet of the real property that comprises a 35 |
|---|
| 61 | | - | religious institution or a public or private day care facility, 36 |
|---|
| 62 | | - | elementary school, middle school, secondary school, or 37 |
|---|
| 63 | | - | postsecondary school. This subparagraph does not apply to a 38 |
|---|
| 64 | | - | medical marijuana treatment center cultiv ating or processing 39 |
|---|
| 65 | | - | facility operating before July 1, 2024. 40 |
|---|
| 66 | | - | (c)1. A medical marijuana treatment center dispensing 41 |
|---|
| 67 | | - | facility may not be located within 500 feet of the real property 42 |
|---|
| 68 | | - | that comprises a public or private elementary school, middle 43 |
|---|
| 69 | | - | school, or secondary school. 44 |
|---|
| 70 | | - | 2. Effective July 1, 2024, a new medical marijuana 45 |
|---|
| 71 | | - | treatment center dispensing facility may not be located within 46 |
|---|
| 72 | | - | 1,500 feet of the real property that comprises a religious 47 |
|---|
| 73 | | - | institution or a public or private day care facility, elementary 48 |
|---|
| 74 | | - | school, middle school, secondary school, or postsecondary 49 |
|---|
| 75 | | - | school. This subparagraph does not apply to a medical marijuana 50 |
|---|
| 51 | + | and delivery of marijuana by medical marijuana treatment centers 26 |
|---|
| 52 | + | is preempted to the state except as provided in this subsection. 27 |
|---|
| 53 | + | (a)1. A medical marijuana treatment center cultivating or 28 |
|---|
| 54 | + | processing facility may not be located within 500 feet of the 29 |
|---|
| 55 | + | real property that comprises a public or private elementary 30 |
|---|
| 56 | + | school, middle school, or secondary school. 31 |
|---|
| 57 | + | 2. Effective July 1, 2024, a new medical marijuana 32 |
|---|
| 58 | + | treatment center cultivating or processing facility may not be 33 |
|---|
| 59 | + | located within 1,500 feet of the real property that comprises a 34 |
|---|
| 60 | + | religious institution or a public or private day care facility, 35 |
|---|
| 61 | + | elementary school, middle school, or secondary school, or 36 |
|---|
| 62 | + | postsecondary school 37 |
|---|
| 63 | + | (c)1. A medical marijuana treatment center dispensing 38 |
|---|
| 64 | + | facility may not be located within 500 feet of the real pr operty 39 |
|---|
| 65 | + | that comprises a public or private elementary school, middle 40 |
|---|
| 66 | + | school, or secondary school . 41 |
|---|
| 67 | + | 2. Effective July 1, 2024, a new medical marijuana 42 |
|---|
| 68 | + | treatment center dispensing facility may not be located within 43 |
|---|
| 69 | + | 1,500 feet of the real property that compri ses a religious 44 |
|---|
| 70 | + | institution or a public or private day care facility, elementary 45 |
|---|
| 71 | + | school, middle school, or secondary school, or postsecondary 46 |
|---|
| 72 | + | school unless the county or municipality approves the location 47 |
|---|
| 73 | + | through a formal proceeding open to the public at w hich the 48 |
|---|
| 74 | + | county or municipality determines that the location promotes the 49 |
|---|
| 75 | + | public health, safety, and general welfare of the community . 50 |
|---|
| 88 | | - | treatment center dispensing facility operating before July 1, 51 |
|---|
| 89 | | - | 2024 unless the county or municipality approves the location 52 |
|---|
| 90 | | - | through a formal proceeding open to the public at which the 53 |
|---|
| 91 | | - | county or municipality determines that the location promotes the 54 |
|---|
| 92 | | - | public health, safety, and general welfare of the community . 55 |
|---|
| 93 | | - | Section 2. Section 386.2065, Florida Statutes, is created 56 |
|---|
| 94 | | - | to read: 57 |
|---|
| 95 | | - | 386.2065 Regulation of retail vape shops; applicability. —58 |
|---|
| 96 | | - | Effective July 1, 2024, a new retail vape shop as defined under 59 |
|---|
| 97 | | - | s. 386.203 may not be located within 1,500 feet of the real 60 |
|---|
| 98 | | - | property that comprises a religious institution or a public or 61 |
|---|
| 99 | | - | private day care faci lity, elementary school, middle school, 62 |
|---|
| 100 | | - | secondary school, or postsecondary school. This section does not 63 |
|---|
| 101 | | - | apply to a retail vape shop operating before July 1, 2024. 64 |
|---|
| 102 | | - | Section 3. Paragraph (a) of subsection (2) of section 65 |
|---|
| 103 | | - | 562.45, Florida Statutes, is amend ed to read: 66 |
|---|
| 104 | | - | 562.45 Penalties for violating Beverage Law; local 67 |
|---|
| 105 | | - | ordinances; prohibiting regulation of certain activities or 68 |
|---|
| 106 | | - | business transactions; requiring nondiscriminatory treatment; 69 |
|---|
| 107 | | - | providing exceptions. — 70 |
|---|
| 108 | | - | (2)(a) Nothing contained in the Beverage Law may be 71 |
|---|
| 109 | | - | construed to affect or impair the power or right of any county 72 |
|---|
| 110 | | - | or incorporated municipality of the state to enact ordinances 73 |
|---|
| 111 | | - | regulating the hours of business and location of place of 74 |
|---|
| 112 | | - | business, and prescribing sanitary regulations therefor, of any 75 |
|---|
| 88 | + | Section 2. Section 386.2065, Florida Statutes, is created 51 |
|---|
| 89 | + | to read: 52 |
|---|
| 90 | + | 386.2065 Regulation of retail vape shops; applic ability.— 53 |
|---|
| 91 | + | (a) Effective July 1, 2024, a new retail vape shop as 54 |
|---|
| 92 | + | defined under s. 386.203 may not be located within 1,500 feet of 55 |
|---|
| 93 | + | the real property that comprises a religious institution or a 56 |
|---|
| 94 | + | public or private day care facility, elementary school, middle 57 |
|---|
| 95 | + | school, secondary school, or postsecondary school. 58 |
|---|
| 96 | + | (b) This section does not apply to a retail vape shop 59 |
|---|
| 97 | + | operating before July 1, 2024. 60 |
|---|
| 98 | + | Section 3. Paragraph (a) of subsection (2) of section 61 |
|---|
| 99 | + | 562.45, Florida Statutes, is amended to read: 62 |
|---|
| 100 | + | 562.45 Penalties for violating Beverage Law; local 63 |
|---|
| 101 | + | ordinances; prohibiting regulation of certain activities or 64 |
|---|
| 102 | + | business transactions; requiring nondiscriminatory treatment; 65 |
|---|
| 103 | + | providing exceptions. — 66 |
|---|
| 104 | + | (2)(a) Nothing contained in the Beverage Law may be 67 |
|---|
| 105 | + | construed to affect or impair the power or right of any county 68 |
|---|
| 106 | + | or incorporated municipality of the state to enact ordinances 69 |
|---|
| 107 | + | regulating the hours of business and location of place of 70 |
|---|
| 108 | + | business, and prescribing sanitary regulations therefor, of any 71 |
|---|
| 109 | + | licensee under the Beverage Law within the county or corporate 72 |
|---|
| 110 | + | limits of such municipality. However, except for premises 73 |
|---|
| 111 | + | licensed on or before July 1, 1999, and except for locations 74 |
|---|
| 112 | + | licensed as restaurants, which derive at least 51 percent of 75 |
|---|
| 125 | | - | licensee under the Beverage Law within the county or corporate 76 |
|---|
| 126 | | - | limits of such municipality. However, except for premises 77 |
|---|
| 127 | | - | licensed on or before July 1, 1999, and except for locations 78 |
|---|
| 128 | | - | licensed as restaurants, which derive at least 51 percent of 79 |
|---|
| 129 | | - | their gross revenues from the sale of food and nonalcoholic 80 |
|---|
| 130 | | - | beverages, pursuant to chapter 509, a location for on -premises 81 |
|---|
| 131 | | - | consumption of alcoholic beverages may not be located within 500 82 |
|---|
| 132 | | - | feet of the real property that comprises a public or private 83 |
|---|
| 133 | | - | elementary school, mi ddle school, or secondary school. Effective 84 |
|---|
| 134 | | - | July 1, 2024, a new location for on -premises consumption of 85 |
|---|
| 135 | | - | alcoholic beverages may not be located within 1,500 feet of the 86 |
|---|
| 136 | | - | real property that comprises a religious institution or a public 87 |
|---|
| 137 | | - | or private day care fac ility, elementary school, middle school, 88 |
|---|
| 138 | | - | secondary school, or postsecondary school; however, this 89 |
|---|
| 139 | | - | restriction does not apply to a location for on -premises 90 |
|---|
| 140 | | - | consumption of alcoholic beverages operating before July 1, 2024 91 |
|---|
| 141 | | - | unless the county or municipality ap proves the location as 92 |
|---|
| 142 | | - | promoting the public health, safety, and general welfare of the 93 |
|---|
| 143 | | - | community under proceedings as provided in s. 125.66(5), for 94 |
|---|
| 144 | | - | counties, and s. 166.041(3)(c), for municipalities . This 95 |
|---|
| 145 | | - | restriction may not, however, be construed to prohi bit the 96 |
|---|
| 146 | | - | issuance of temporary permits to certain nonprofit organizations 97 |
|---|
| 147 | | - | as provided for in s. 561.422. The division may not issue a 98 |
|---|
| 148 | | - | change in the series of a license or approve a change of a 99 |
|---|
| 149 | | - | licensee's location unless the licensee provides documentation 100 |
|---|
| 150 | | - | |
|---|
| 151 | | - | CS/HB 1053 2024 |
|---|
| 152 | | - | |
|---|
| 153 | | - | |
|---|
| 154 | | - | |
|---|
| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 156 | | - | hb1053-01-c1 |
|---|
| 157 | | - | Page 5 of 5 |
|---|
| 158 | | - | 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 |
|---|
| 159 | | - | |
|---|
| 160 | | - | |
|---|
| 161 | | - | |
|---|
| 162 | | - | of proper zoning from the appropriate county or municipal zoning 101 |
|---|
| 163 | | - | authorities. 102 |
|---|
| 164 | | - | Section 4. This act shall take effect July 1, 2024. 103 |
|---|
| 125 | + | their gross revenues from t he sale of food and nonalcoholic 76 |
|---|
| 126 | + | beverages, pursuant to chapter 509, a location for on -premises 77 |
|---|
| 127 | + | consumption of alcoholic beverages may not be located within 500 78 |
|---|
| 128 | + | feet of the real property that comprises a public or private 79 |
|---|
| 129 | + | elementary school, middle school, or secondary school. Effective 80 |
|---|
| 130 | + | July 1, 2024, a new location for on -premises consumption of 81 |
|---|
| 131 | + | alcoholic beverages may not be located within 1,500 feet of the 82 |
|---|
| 132 | + | real property that comprises a religious institution or a public 83 |
|---|
| 133 | + | or private day care facility, elemen tary school, middle school, 84 |
|---|
| 134 | + | or secondary school, or postsecondary school unless the county 85 |
|---|
| 135 | + | or municipality approves the location as promoting the public 86 |
|---|
| 136 | + | health, safety, and general welfare of the community under 87 |
|---|
| 137 | + | proceedings as provided in s. 125.66(5), for counties, and s. 88 |
|---|
| 138 | + | 166.041(3)(c), for municipalities . This restriction may not, 89 |
|---|
| 139 | + | however, be construed to prohibit the issuance of temporary 90 |
|---|
| 140 | + | permits to certain nonprofit organizations as provided for in s. 91 |
|---|
| 141 | + | 561.422. The division may not issue a change in the series of a 92 |
|---|
| 142 | + | license or approve a change of a licensee's location unless the 93 |
|---|
| 143 | + | licensee provides documentation of proper zoning from the 94 |
|---|
| 144 | + | appropriate county or municipal zoning authorities. 95 |
|---|
| 145 | + | Section 4. This act shall take effect July 1, 2024. 96 |
|---|