CS/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; providing applicability; creating s. 8
386.2065, F.S.; specifying the authorized distance 9
between the location of retail vape shops and 10
specified religious or educational institutions upon a 11
specified date; providing applicability; amending s. 12
562.45, F.S.; revising the authorized distance between 13
the location of businesses that allow on -premises 14
consumption of alcoholic beverages and specified 15
religious or educational institutions upon a specified 16
date; providing applicability; removing local 17
governments' ability to approve such a location for 18
specified purposes; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Paragraphs (a) and (c) of subsection (11) of 23
section 381.986, Florida Statutes, are amended to read: 24
381.986 Medical use of marijuana. — 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(11) PREEMPTION.—Regulation of cultivation, processing, 26
and delivery of marijuana by medical marijuana treatment centers 27
is preempted to the state except as provided in this subsection. 28
(a)1. A medical marijuana treatment center cultivating or 29
processing facility may not be located within 500 feet of the 30
real property that comprises a public or private elementary 31
school, middle school, or secondary school. 32
2. Effective July 1, 2024, a new medical marijuana 33
treatment center cultivating or processing facility may not be 34
located within 1,500 feet of the real property that comprises a 35
religious institution or a public or private day care facility, 36
elementary school, middle school, secondary school, or 37
postsecondary school. This subparagraph does not apply to a 38
medical marijuana treatment center cultiv ating or processing 39
facility operating before July 1, 2024. 40
(c)1. A medical marijuana treatment center dispensing 41
facility may not be located within 500 feet of the real property 42
that comprises a public or private elementary school, middle 43
school, or secondary school. 44
2. Effective July 1, 2024, a new medical marijuana 45
treatment center dispensing facility may not be located within 46
1,500 feet of the real property that comprises a religious 47
institution or a public or private day care facility, elementary 48
school, middle school, secondary school, or postsecondary 49
school. This subparagraph does not apply to a medical marijuana 50
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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
treatment center dispensing facility operating before July 1, 51
2024 unless the county or municipality approves the location 52
through a formal proceeding open to the public at which the 53
county or municipality determines that the location promotes the 54
public health, safety, and general welfare of the community . 55
Section 2. Section 386.2065, Florida Statutes, is created 56
to read: 57
386.2065 Regulation of retail vape shops; applicability. —58
Effective July 1, 2024, a new retail vape shop as defined under 59
s. 386.203 may not be located within 1,500 feet of the real 60
property that comprises a religious institution or a public or 61
private day care faci lity, elementary school, middle school, 62
secondary school, or postsecondary school. This section does not 63
apply to a retail vape shop operating before July 1, 2024. 64
Section 3. Paragraph (a) of subsection (2) of section 65
562.45, Florida Statutes, is amend ed to read: 66
562.45 Penalties for violating Beverage Law; local 67
ordinances; prohibiting regulation of certain activities or 68
business transactions; requiring nondiscriminatory treatment; 69
providing exceptions. — 70
(2)(a) Nothing contained in the Beverage Law may be 71
construed to affect or impair the power or right of any county 72
or incorporated municipality of the state to enact ordinances 73
regulating the hours of business and location of place of 74
business, and prescribing sanitary regulations therefor, of any 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
licensee under the Beverage Law within the county or corporate 76
limits of such municipality. However, except for premises 77
licensed on or before July 1, 1999, and except for locations 78
licensed as restaurants, which derive at least 51 percent of 79
their gross revenues from the sale of food and nonalcoholic 80
beverages, pursuant to chapter 509, a location for on -premises 81
consumption of alcoholic beverages may not be located within 500 82
feet of the real property that comprises a public or private 83
elementary school, mi ddle school, or secondary school. Effective 84
July 1, 2024, a new location for on -premises consumption of 85
alcoholic beverages may not be located within 1,500 feet of the 86
real property that comprises a religious institution or a public 87
or private day care fac ility, elementary school, middle school, 88
secondary school, or postsecondary school; however, this 89
restriction does not apply to a location for on -premises 90
consumption of alcoholic beverages operating before July 1, 2024 91
unless the county or municipality ap proves the location as 92
promoting the public health, safety, and general welfare of the 93
community under proceedings as provided in s. 125.66(5), for 94
counties, and s. 166.041(3)(c), for municipalities . This 95
restriction may not, however, be construed to prohi bit the 96
issuance of temporary permits to certain nonprofit organizations 97
as provided for in s. 561.422. The division may not issue a 98
change in the series of a license or approve a change of a 99
licensee's location unless the licensee provides documentation 100
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of proper zoning from the appropriate county or municipal zoning 101
authorities. 102
Section 4. This act shall take effect July 1, 2024. 103