Florida Senate - 2021 SB 1916 By Senator Bracy 11-01732-21 20211916__ Page 1 of 354 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to legalization of recreational 2 marijuana; amending s. 20.165, F.S.; renaming the 3 Division of Alcoholic Beverages and Tobacco of the 4 Department of Business and Professional Regulation; 5 amending s. 561.025, F.S.; renaming the Alcoholic 6 Beverage and Tobacco Trust Fund; specifying 7 distribution of funds; providing directives to the 8 Division of Law Revision; creating ch. 566, F.S., 9 entitled “Recreational Marijuana”; defining terms; 10 exempting certain activities involving marijuana from 11 use and possession offenses; authorizing persons age 12 21 and over to engage in certain activities involving 13 personal use of marijuana in limited amounts; 14 providing limits on where persons may engage in 15 specified activities; prohibiting the use of false 16 identification by persons under 21 years of age for 17 specified activities relating to recreational 18 marijuana; providing civil penalties; providing for 19 personal cultivation; specifying possession limits; 20 specifying duties of the Division of Alcoholic 21 Beverages, Marijuana, and Tobacco; providing for 22 issuance of early approval adult use dispensing 23 organization licenses; specifying selection criteria; 24 providing for conditional adult use dispensing 25 organization licenses; providing for the issuance of 26 such licenses after a specified date; providing for 27 adult use dispensing organization licenses; providing 28 for identification cards for dispensing organization 29

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 2 of 354 CODING: Words stricken are deletions; words underlined are additions. agents; requiring owners, managers, employees, and 30 agents of adult use dispensing organizations to 31 complete certain training by a specified date; 32 providing requirements for the training program; 33 providing for the renewal of adult use dispensing 34 organization licenses; requiring disclosure of 35 ownership and control of dispensing organizations; 36 requiring evidence of financial responsibility for 37 issuance, maintenance, or reactivation of a license; 38 providing requirements for such evidence; providing 39 for changes to dispensing organizations; providing for 40 administration of dispensing organizations; providing 41 operational requirements; providing requirements for 42 inventory control systems; providing storage 43 requirements; providing dispensing requirements; 44 providing requirements for destruction and disposal of 45 cannabis; requiring designation of an agent-in-charge; 46 providing requirements for such agents; requiring 47 dispensaries to have specified security measures; 48 specifying requirements for such security measures; 49 requiring dispensaries to keep and maintain certain 50 records; specifying recordkeeping requirements; 51 providing for the closure of dispensaries; providing 52 the department with inspection and investigative 53 authority; providing for nondisciplinary citations for 54 minor violations; specifying grounds for disciplinary 55 actions; authorizing temporary suspension of licenses; 56 authorizing consent orders to resolve certain 57 disciplinary complaints; providing for hearings on 58

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 3 of 354 CODING: Words stricken are deletions; words underlined are additions. disciplinary complaints; authorizing the department to 59 issue subpoenas and administer oaths; providing for 60 issuance of adult use cultivation center licenses; 61 providing license requirements; providing for early 62 approval of adult use cultivation center licenses; 63 providing for conditional adult use cultivation center 64 license applications; providing requirements for such 65 centers; providing for scoring of applications; 66 providing for denial of applications under certain 67 circumstances; providing cultivation center 68 requirements and prohibitions; providing for 69 cultivation center agent identification cards; 70 requiring cultivation center agent background checks; 71 providing for renewal of cultivation center licenses 72 and agent identification cards; providing for 73 licensure of craft growers; providing license 74 requirements; providing for applications and scoring; 75 prohibiting issuance of craft grower licenses to 76 specified persons under certain circumstances; 77 providing for denial of applications under certain 78 circumstances; providing requirements and prohibitions 79 for craft growers; providing for craft grower 80 identification cards; requiring background checks; 81 providing for renewal of licenses and identification 82 cards; providing for licensing of infuser 83 organizations; providing license requirements; 84 providing for applications and scoring; providing for 85 denial of applications under certain circumstances; 86 providing infuser organization requirements and 87

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 4 of 354 CODING: Words stricken are deletions; words underlined are additions. prohibitions; providing for infuser organization 88 identification cards; providing requirements for the 89 adequate supply of cannabis-infused products; 90 requiring background checks; providing for renewal of 91 licenses and identification cards; providing for 92 licensing of transporting organizations; providing 93 license requirements; providing for applications and 94 scoring; providing for denial of applications under 95 certain circumstances; providing transporting 96 organization requirements and prohibitions; providing 97 for identification cards; requiring background checks; 98 providing for renewal of licenses and identification 99 cards; providing for cannabis testing facilities; 100 requiring approval of testing facilities; providing 101 requirements for such facilities; requiring certain 102 tests to be performed before manufacturing or natural 103 processing of any cannabis or cannabis-infused product 104 or packaging cannabis for sale to a dispensary; 105 requiring the department to establish certain 106 standards; authorizing the department to adopt rules; 107 authorizing certain enforcement actions by the 108 department; authorizing the Attorney General to 109 enforce certain provisions under the Florida Deceptive 110 and Unfair Trade Practices Act; providing immunity 111 from prosecution or discipline under certain 112 provisions for licensees for engaging in licensed 113 conduct; providing construction; providing standards 114 and requirements for advertising and promotions; 115 providing standards and requirements for packaging and 116

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 5 of 354 CODING: Words stricken are deletions; words underlined are additions. labeling; requiring certain warning labels; providing 117 for certain local zoning ordinances for regulated 118 businesses; providing for nonconflicting local 119 ordinances and rules; authorizing certain local 120 regulation of on-premises cannabis consumption; 121 defining terms; authorizing establishment of 122 restricted cannabis zones; providing a process for 123 local governments to create such zones; providing 124 requirements for such zones; requiring the Attorney 125 General to advocate to quash certain federal 126 subpoenas; authorizing certain scientific and medical 127 researchers to purchase, possess, securely store, 128 administer, and distribute marijuana under certain 129 circumstances and for specified purposes; providing 130 construction; authorizing the department to adopt 131 rules; providing that engaging in certain conduct may 132 not be the basis for certain findings related to good 133 moral character; providing criminal penalties; 134 providing for enforcement of certain tax provisions; 135 providing for search, seizure, and forfeiture of 136 cannabis under certain circumstances; amending s. 137 500.03, F.S.; providing that marijuana establishments 138 that sell food containing marijuana are considered 139 food establishments for the purposes of specified 140 regulations; creating s. 500.105, F.S.; specifying 141 that food products containing marijuana which are 142 prepared in permitted food establishments and sold by 143 licensed retail marijuana stores are not considered 144 adulterated; amending s. 562.13, F.S.; prohibiting 145

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 6 of 354 CODING: Words stricken are deletions; words underlined are additions. licensed marijuana establishments from employing 146 person under 18 years of age; amending s. 569.0073, 147 F.S.; exempting licensed marijuana establishments from 148 specified provisions regulating the sale of pipes and 149 smoking devices; amending s. 893.03, F.S.; removing 150 cannabis from the

schedule of controlled substances; 151 amending ss. 893.13 and 893.135, F.S.; providing that 152 conduct authorized under ch. 566, F.S., is not 153 prohibited by specified controlled substance 154 prohibitions; removing restrictions on possession and 155 sale of cannabis; creating s. 893.13501, F.S.; 156 providing for retroactive effect of amendments to ss. 157 893.03, 893.13, and 893.135, F.S., by this act; 158 providing for sentence review for certain offenders; 159 requiring notice to certain offenders; providing 160 procedures for resentencing or release of offenders; 161 providing exceptions; creating s. 943.0586, F.S.; 162 defining terms; authorizing an individual convicted of 163 certain offenses to have his or her criminal history 164 record sealed or petition the court for expunction of 165 his or her criminal history record under certain 166 circumstances; requiring the individual to first 167 obtain a certificate of eligibility from the 168 Department of Law Enforcement; requiring the 169 department to adopt rules establishing the procedures 170 for applying for and issuing such certificates; 171 requiring the department to issue a certificate under 172 certain circumstances; providing for the expiration of 173 and reapplication for the certificate; providing for 174

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 7 of 354 CODING: Words stricken are deletions; words underlined are additions. sealing of certain records upon the department’s 175 determination of eligibility; providing requirements 176 for a petition for expunction; providing criminal 177 penalties; providing for the court’s authority over 178 its own procedures, with an exception; requiring the 179 court to order the expunction of a criminal history 180 record under certain circumstances; providing that 181 expunction of certain criminal history records does 182 not affect eligibility for expunction of other 183 criminal history records; providing procedures for 184 processing expunction petitions and orders; providing 185 that a person granted an expunction may lawfully deny 186 or fail to acknowledge the underlying arrest or 187 conviction, with exceptions; providing that a person 188 may not be deemed to have committed perjury or 189 otherwise held liable for giving a false statement if 190 he or she fails to recite or acknowledge an expunged 191 criminal history record; amending s. 943.0595, F.S.; 192 conforming provisions to changes made by the act; 193 defining terms; requiring the department to establish 194 and administer the Florida College System Cannabis 195 Vocational Pilot Program in coordination with the 196 Board of Education; authorizing the department to 197 issue a specified number of program licenses by a 198 specified date; authorizing Florida College System 199 institutions awarded program licenses to offer a 200 Career in Cannabis Certificate; providing requirements 201 for the certificate; authorizing the department to 202 adopt rules; providing for the issuance of program 203

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 8 of 354 CODING: Words stricken are deletions; words underlined are additions. licenses; providing requirements and prohibitions for 204 program licensees; providing for faculty 205 identification cards; providing enforcement authority 206 to the department; providing for inspections; 207 providing requirements for faculty identification 208 cards; requiring the board to submit a report to the 209 Governor and the Legislature by a specified date; 210 providing requirements for the report; providing for 211 the repeal of the pilot program; amending ss. 212 456.0635, 772.12, 893.055, 893.0551, 893.15, 893.21, 213 921.0022, and 948.20, F.S.; conforming provisions to 214 changes made by the act; providing an effective date. 215 216 Be It Enacted by the Legislature of the State of Florida: 217 218

Section 1. Paragraph (

b) of subsection (2) of

section 219 20.165, Florida Statutes, is amended to read: 220 20.165 Department of Business and Professional Regulation.—221 There is created a Department of Business and Professional 222 Regulation. 223

(2) The following divisions of the Department of Business 224 and Professional Regulation are established: 225 (

b) Division of Alcoholic Beverages, Marijuana, and 226 Tobacco. 227

Section

Section 561.025, Florida Statutes, is amended to 228 read: 229 561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust 230 Fund.—There is created within the State Treasury the Alcoholic 231 Beverage, Marijuana, and Tobacco Trust Fund. All funds collected 232

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 9 of 354 CODING: Words stricken are deletions; words underlined are additions. by the division under ss. 210.15, 210.40, or under s. 569.003 233 and the Beverage Law with the exception of state funds collected 234 pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in 235 the State Treasury to the credit of the trust fund, 236 notwithstanding any other provision of law to the contrary. In 237 addition, funds collected by the division under

chapter 566 238 shall be deposited into the trust fund. Moneys deposited to the 239 credit of the trust fund shall be used to operate the division 240 and to provide a proportionate share of the operation of the 241 office of the secretary and the Division of Administration of 242 the Department of Business and Professional Regulation; except 243 that: 244

(1) The revenue transfer provisions of ss. 561.32 and 245 561.342(1) and (2) shall continue in full force and effect, and 246 the division shall cause such revenue to be returned to the 247 municipality or county in the manner provided for in s. 561.32 248 or s. 561.342(1) and (2).; and 249

(2) Ten percent of the revenues derived from retail tobacco 250 products dealer permit fees collected under s. 569.003 shall be 251 transferred to the Department of Education to provide for 252 teacher training and for research and evaluation to reduce and 253 prevent the use of tobacco products by children. 254

Section 3.

(1) The Division of Law Revision is directed to 255 prepare a reviser’s bill for the 2022 Regular Session of the 256 Legislature to: 257 (

a) Redesignate the Division of Alcoholic Beverages and 258 Tobacco of the Department of Business and Professional 259 Regulation as the “Division of Alcoholic Beverages, Marijuana, 260 and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund 261

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 10 of 354 CODING: Words stricken are deletions; words underlined are additions. as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,” 262 respectively, wherever those terms appear in the Florida 263 Statutes. 264 (

b) Correct any cross-references in the Florida Statutes 265 that need revision due to the changes made by this act. 266

(2) The Division of Law Revision is directed to substitute 267 the date this act becomes law for the phrase “the effective date 268 of this act” wherever it occurs in the text of this act or any 269 bill adhering to this act. 270

Section 4.

Chapter 566, Florida Statutes, consisting of 271 sections 566.011-566.806, is created to read: 272

CHAPTER 566 273 RECREATIONAL MARIJUANA 274 566.011

Definitions.—As used in this chapter, the term: 275 (1) “Adult use cultivation center license” means a license 276 issued by the department which permits a person to act as a 277 cultivation center under this

chapter and any rule adopted 278 pursuant thereto. 279 (2) “Adult use dispensing organization license” means a 280 license issued by the department which permits a person to act 281 as a medical marijuana treatment center under this

chapter and 282 any rule adopted pursuant thereto. 283 (3) “Advertise” means to engage in promotional activities, 284 including, but not limited to, newspaper, radio, Internet and 285 electronic media, and television advertising; the distribution 286 of fliers and circulars; and the display of window and interior 287 signs. 288 (4) “BLS region” means a region in this state used by the 289 United States Bureau of Labor Statistics to gather and 290

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 11 of 354 CODING: Words stricken are deletions; words underlined are additions. categorize employment and wage data. 291 (5) “Cannabis” means marijuana, hashish, and other 292 substances that are identified as including any parts of the 293 plant Cannabis sativa and including derivatives or subspecies, 294 such as indica, of all strains of cannabis, whether growing or 295 not; the seeds thereof and the resin extracted from any part of 296 the plant; and any compound, manufacture, salt, derivative, 297 mixture, or preparation of the plant, its seeds, or its resin, 298 including tetrahydrocannabinol (THC) and all other naturally 299 produced cannabinol derivatives, whether produced directly or 300 indirectly by extraction; however, “cannabis” does not include 301 the mature stalks of the plant, fiber produced from the stalks, 302 oil or cake made from the seeds of the plant, or any other 303 compound, manufacture, salt, derivative, mixture, or preparation 304 of the mature stalks; except, the resin extracted from it, 305 fiber, oil or cake, or the sterilized seed of the plant that is 306 incapable of germination. “Cannabis” does not include industrial 307 hemp as defined and authorized under the Industrial Hemp Act. 308 “Cannabis” also means concentrate and cannabis-infused products. 309 (6) “Cannabis business establishment” means a cultivation 310 center, craft grower, processing organization, dispensing 311 organization, or transporting organization. 312 (7) “Cannabis concentrate” means a product derived from 313 cannabis that is produced by extracting cannabinoids from the 314 plant through the use of a solvent approved by the department. 315 (8) “Cannabis container” means a sealed, traceable, 316 container or package used for the purpose of containment of 317 cannabis or cannabis-infused product during transportation. 318 (9) “Cannabis flower” means marijuana, hashish, and other 319

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 12 of 354 CODING: Words stricken are deletions; words underlined are additions. substances that are identified as including any parts of and any 320 derivatives or subspecies from the plant Cannabis sativa, such 321 as indica, of all strains of cannabis, including raw kief, 322 leaves, and buds, but not resin that has been extracted from any 323 part of such plant.

The term includes any compound, manufacture, 324 salt, derivative, mixture, or preparation of such plant, its 325 seeds, or its resin. 326 (10) “Cannabis-infused product” means a beverage, food, 327 oil, ointment, tincture, topical formulation, or any other 328 product containing cannabis that is not intended to be smoked. 329 (11) “Cannabis plant monitoring system” or “plant 330 monitoring system” means a system that includes, but is not 331 limited to, testing and data collection established and 332 maintained by the cultivation center, craft grower, or 333 processing organization and that is available to the department, 334 the Department of Revenue, and the Department of Law Enforcement 335 for the purposes of documenting each cannabis plant and 336 monitoring plant development throughout the life cycle of a 337 cannabis plant cultivated for the intended use by a customer 338 from seed planting to final packaging. 339 (12) “Cannabis testing facility” means an entity registered 340 by the department to test cannabis for potency and contaminants. 341 (13) “Clone” means a plant

section from a female cannabis 342 plant not yet rootbound, growing in a water solution or other 343 propagation matrix, that is capable of developing into a new 344 plant. 345 (14) “Conditional adult use cultivation center license” 346 means a license awarded to top-scoring applicants which allows 347 an adult to use the license and reserves the right for an adult 348

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 13 of 354 CODING: Words stricken are deletions; words underlined are additions. use cultivation center license if the applicant meets certain 349 conditions as determined by the department by rule, but does not 350 entitle the recipient to begin growing, processing, or selling 351 cannabis or cannabis-infused products. 352 (15) “Conditional adult use dispensing organization 353 license” means a license awarded to top-scoring applicants for 354 an adult use dispensing organization license which reserves the 355 right to an adult use dispensing organization license if the 356 applicant meets certain conditions described in this chapter, 357 but does not entitle the recipient to begin purchasing or 358 selling cannabis or cannabis-infused products. 359 (16) “Consumer” means a person 21 years of age or older who 360 purchases marijuana or marijuana products for personal use by 361 persons 21 years of age or older but not for resale to other 362 persons. 363 (17) “Craft grower” means a facility operated by an 364 organization or business that is licensed by the department to 365 cultivate, dry, cure, and package cannabis and perform other 366 necessary activities to make cannabis available for sale at a 367 dispensing organization or use at a processing organization.

A 368 craft grower may contain up to 5,000 square feet of canopy space 369 on its premises for plants in the flowering state. The 370 department may authorize an increase or decrease of flowering 371 stage cultivation space in increments of 3,000 square feet by 372 rule based on market need, craft grower capacity, and the 373 licensee’s history of compliance or noncompliance, with a 374 maximum space of 14,000 square feet for cultivating plants in 375 the flowering stage, which must be cultivated in all stages of 376 growth in an enclosed and secure area. A craft grower may share 377

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 14 of 354 CODING: Words stricken are deletions; words underlined are additions. premises with a processing organization or a dispensing 378 organization, or both, provided each licensee stores currency 379 and cannabis or cannabis-infused products in a separate secured 380 vault to which the other licensee does not have access or all 381 licensees sharing a vault share more than 50 percent of the same 382 ownership. 383 (18) “Craft grower agent” means a principal officer, board 384 member, employee, or other agent of a craft grower who is 21 385 years of age or older. 386 (19) “Cultivation center” means a facility operated by an 387 organization or business that is licensed by the department, 388 unless otherwise limited by this chapter, to cultivate, process, 389 transport, and perform other necessary activities to provide 390 cannabis and cannabis-infused products to cannabis business 391 establishments. 392 (20) “Cultivation center agent” means a principal officer, 393 board member, employee, or other agent of a cultivation center 394 who is 21 years of age or older. 395 (21) “Department” means the Department of Business and 396 Professional Regulation. 397 (22) “Dispensary” means a facility operated by a dispensing 398 organization at which activities licensed by this

chapter may 399 occur. 400 (23) “Dispensing organization” means a facility operated by 401 an organization or business that is licensed by the department 402 to acquire cannabis from a cultivation center, craft grower, 403 processing organization, or another dispensary for the purpose 404 of selling or dispensing cannabis, cannabis-infused products, 405 cannabis seeds, paraphernalia, or related supplies under this 406

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 15 of 354 CODING: Words stricken are deletions; words underlined are additions.

chapter to purchasers or to qualified registered qualified 407 patients and caregivers. “Dispensing organization” includes a 408 medical marijuana treatment center licensed under s. 381.986. 409 (24) “Disproportionately impacted area” means a census 410 tract or comparable geographic area that, as determined by the 411 Department of Economic Opportunity, satisfies the following 412 criteria: 413 (

a) The area has a poverty rate of at least 20 percent 414 according to the latest federal decennial census. 415 (

b) Seventy-five percent or more of the children in the 416 area participate in the federal free lunch program according to 417 reported statistics from the Department of Education. 418 (

c) At least 20 percent of the households in the area 419 receive assistance under the Supplemental Nutrition Assistance 420 Program. 421 (

d) The area has an average unemployment rate, as 422 determined by the Department of Economic Opportunity, that is 423 more than 120 percent of the national unemployment average, as 424 determined by the United States Department of Labor, for a 425 period of at least 2 consecutive calendar years preceding the 426 date of the application. 427 (

e) The area has a high rate of arrest, conviction, and 428 incarceration related to the sale, possession, use, cultivation, 429 manufacture, or transport of cannabis. 430 (25) “Division” means the Division of Alcoholic Beverages, 431 Marijuana, and Tobacco of the department. 432 (26) “Early approval adult use cultivation center license” 433 means a license that permits a medical marijuana treatment 434 center licensed under s. 381.986 as of the effective date of 435

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 16 of 354 CODING: Words stricken are deletions; words underlined are additions. this act, unless otherwise provided in this chapter, to begin 436 cultivating, infusing, packaging, transporting, and selling 437 cannabis to cannabis business establishments for resale to 438 purchasers as permitted by this

chapter as of January 1, 2022. 439 (27) “Early approval adult use dispensing organization at a 440 secondary site” means a license that permits a medical marijuana 441 treatment center licensed under s. 381.986 as of the effective 442 date of this act to begin selling cannabis to purchasers as 443 permitted by this

chapter on January 1, 2022, at a different 444 dispensary location from its existing registered medical 445 dispensary location. 446 (28) “Early approval adult use dispensing organization 447 license” means a license that permits a medical marijuana 448 treatment center licensed under s. 381.986 as of the effective 449 date of this act to begin selling cannabis to purchasers as 450 permitted by this

chapter as of January 1, 2022. 451 (29) “Enclosed, locked facility” means a room, greenhouse, 452 building, or other enclosed area equipped with locks or other 453 security devices that permit access only by cannabis business 454 establishment agents working for the licensed cannabis business 455 establishment or acting pursuant to this

chapter to cultivate, 456 process, store, or distribute cannabis. 457 (30) “Enclosed, locked space” means a closet, room, 458 greenhouse, building, or other enclosed area equipped with locks 459 or other security devices that permit access only by authorized 460 individuals under this chapter. Enclosed, locked space may 461 include: 462 (

a) A space within a residential building that: 463 1. Is the primary residence of the individual cultivating 464

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 17 of 354 CODING: Words stricken are deletions; words underlined are additions. five or fewer cannabis plants that are more than 5 inches tall; 465 and 466 2. Includes sleeping quarters and indoor plumbing. The 467 space must be accessible only by a key or code that is different 468 from any key or code that can be used to access the residential 469 building from the exterior; or 470 (

b) A structure, such as a shed or greenhouse, that lies on 471 the same plot of land as a residential building that: 472 1. Includes sleeping quarters and indoor plumbing; and 473 2.

Is used as a primary residence by the person cultivating 474 five or fewer cannabis plants that are more than 5 inches tall. 475 The structure must remain locked when it is unoccupied by 476 people. 477 (31) “Financial institution” has the same meaning as in s. 478 655.005 and also includes the holding companies, subsidiaries, 479 and affiliates of such financial organizations. 480 (32) “Flowering stage” means the stage of cultivation when 481 a cannabis plant is cultivated to produce plant material for 482 cannabis products. This includes mature plants, as follows: 483 (

a) If greater than two stigmas are visible at each 484 internode of the plant; or 485 (

b) If the cannabis plant is in an area that has been 486 intentionally deprived of light for a period of time intended to 487 produce flower buds and induce maturation, from the moment the 488 light deprivation began through the remainder of the marijuana 489 plant growth cycle. 490 (33) “Individual” means a natural person. 491 (34) “Infuser organization” or “infuser” means a facility 492 operated by an organization or business that is licensed by the 493

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 18 of 354 CODING: Words stricken are deletions; words underlined are additions. department to directly incorporate cannabis or cannabis 494 concentrate into a product formulation to produce a cannabis-495 infused product. 496 (35) “Kief” means the resinous crystal-like trichomes that 497 are found on cannabis and that are accumulated, resulting in a 498 higher concentration of cannabinoids, untreated by heat or 499 pressure, or extracted using a solvent. 500 (36) “Labor peace agreement” means an agreement between a 501 cannabis business establishment and any labor organization 502 recognized under the National Labor Relations Act, referred to 503 in this

chapter as a bona fide labor organization, that 504 prohibits labor organizations and members from engaging in 505 picketing, work stoppages, boycotts, and any other economic 506 interference with the cannabis business establishment. The 507 agreement provides that the cannabis business establishment has 508 agreed to not disrupt efforts by the bona fide labor 509 organization to communicate with, and attempt to organize and 510 represent, the cannabis business establishment’s employees.

The 511 agreement must provide a bona fide labor organization access at 512 reasonable times to areas in which the cannabis business 513 establishment’s employees work, for the purpose of meeting with 514 employees to discuss their right to representation, employment 515 rights under state law, and terms and conditions of employment. 516 The agreement may not mandate a particular method of election or 517 certification of the bona fide labor organization. 518 (37) “Licensee” means any individual, partnership, 519 corporation, firm, association, or other legal entity holding a 520 marijuana establishment license within the state. 521 (38) “Limited access area” means a building, room, or other 522

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 19 of 354 CODING: Words stricken are deletions; words underlined are additions. area under the control of a cannabis dispensing organization 523 licensed under this

chapter and upon the licensed premises with 524 access limited to purchasers, dispensing organization owners and 525 other dispensing organization agents, or service professionals 526 conducting business with the dispensing organization. 527 (39) “Marijuana accessories” means equipment, products, or 528 materials of any kind that are used, intended, or designed for 529 use in planting, propagating, cultivating, growing, harvesting, 530 composting, manufacturing, compounding, converting, producing, 531 processing, preparing, testing, analyzing, packaging, 532 repackaging, storing, vaporizing, or containing marijuana or for 533 ingesting, inhaling, or otherwise introducing marijuana into the 534 human body. 535 (40) “Marijuana testing facility” means an entity licensed 536 to analyze and certify the safety and potency of marijuana. 537 (41) “Member of an impacted family” means an individual who 538 has a parent, legal guardian, child, spouse, or dependent, or 539 was a dependent of an individual who, before the effective date 540 of this act, was arrested for, convicted of, or adjudicated 541 delinquent for any offense that is eligible for expungement 542 under this chapter. 543 (42) “Minor” means a person under 21 years of age. 544 (43) “Mother plant” means a cannabis plant that is 545 cultivated or maintained for the purpose of generating clones 546 and that will not be used to produce plant material for sale to 547 an infuser or dispensing organization. 548 (44) “Ordinary public view” means within the sight line 549 with normal visual range of a person, unassisted by visual aids, 550 from a public street or sidewalk adjacent to real property or 551

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 20 of 354 CODING: Words stricken are deletions; words underlined are additions. from within an adjacent property. 552 (45) “Ownership and control” means ownership of at least 51 553 percent of the business, including corporate stock of a 554 corporation, and control over the management and day-to-day 555 operations of the business and an interest in the capital, 556 assets, and profits and losses of the business proportionate to 557 percentage of ownership. 558 (46) “Possession limit” means the amount of cannabis 559 requirements under s. 566.013 that may be possessed at any one 560 time by a person 21 years of age or older or who is a registered 561 qualified patient or caregiver under s. 381.986. 562 (47) “Primary residence” means a dwelling where a person 563 usually stays or stays more often than other locations.

It may 564 be determined by, without limitation, presence, tax filings, the 565 address on a driver license, a state issued identification card, 566 or voter registration.

A person may not have more than one 567 primary residence. 568 (48) “Principal officer” includes a cannabis business 569 establishment applicant or licensed cannabis business 570 establishment’s board member, owner with more than 1 percent 571 interest of the total cannabis business establishment or more 572 than 5 percent interest of the total cannabis business 573 establishment of a publicly traded company, president, vice 574 president, secretary, treasurer, partner, officer, member, 575 manager member, or person with a profit sharing, financial 576 interest, or revenue sharing arrangement with the business.

The 577 term includes a person with authority to control the cannabis 578 business establishment, a person who assumes responsibility for 579 the debts of the cannabis business establishment, and persons 580

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 21 of 354 CODING: Words stricken are deletions; words underlined are additions. otherwise described in this chapter. 581 (49) “Processing organization” or “processor” means a 582 facility operated by an organization or business that is 583 licensed by the department to either extract constituent 584 chemicals or compounds to produce cannabis concentrate or 585 incorporate cannabis or cannabis concentrate into a product 586 formulation to produce a cannabis product. 587 (50) “Processing organization agent” means a principal 588 officer, board member, employee, or agent of a processing 589 organization. 590 (51) “Processing organization agent identification card” 591 means a document issued by the department which identifies a 592 person as a processing organization agent. 593 (52) “Purchaser” means a person who acquires cannabis for a 594 valuable consideration. “Purchaser” does not include a 595 cardholder under s. 381.986. 596 (53) “Residence” or “resided” means an individual’s primary 597 residence area as established by the following: 598 (

a) A signed lease agreement that includes the applicant’s 599 name. 600 (

b) A property deed that includes the applicant’s name. 601 (

c) School records. 602 (

d) A voter registration card. 603 (

e) A driver license from this state or a state-issued 604 identification card. 605 (

f) A paycheck stub. 606 (

g) A utility bill. 607 (

h) Any other proof of residency or other information 608 necessary to establish residence as provided by rule. 609

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 22 of 354 CODING: Words stricken are deletions; words underlined are additions. (54) “Seedling” means a marijuana plant that has no 610 flowers, is less than 12 inches in height, and is less than 12 611 inches in diameter. 612 (55) “Smoking” means the inhalation of smoke caused by the 613 combustion of cannabis. 614 (56) “Social equity applicant” means an applicant that is a 615 resident of this state who meets one of the following criteria: 616 (

a) An applicant with at least 51 percent ownership and 617 control by one or more individuals who have resided for at least 618 5 of the preceding 10 years in a disproportionately impacted 619 area; 620 (

b) An applicant with at least 51 percent ownership and 621 control by one or more individuals who: 622 1. Have been arrested for, convicted of, or 623 adjudicated delinquent for any offense that is eligible for 624 expungement under this chapter; or 625 2. Is a member of an impacted family; 626 (

c) For applicants with a minimum of 10 full-time 627 employees, an applicant with at least 51 percent of current 628 employees who: 629 1. Currently reside in a disproportionately impacted area; 630 or 631 2. Have been arrested for, convicted of, or adjudicated 632 delinquent for any offense that is eligible for expungement 633 under this chapter; or 634 3. Are members of impacted families. 635 636 This

chapter does not permit an employer to require an employee 637 to disclose sealed or expunged offenses, unless otherwise 638

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 23 of 354 CODING: Words stricken are deletions; words underlined are additions. required by law. 639 (57) “Tincture” means a cannabis-infused solution, 640 typically consisting of alcohol, glycerin, or vegetable oils, 641 derived either directly from the cannabis plant or from a 642 processed cannabis extract.

The term does not include an 643 alcoholic beverage as defined in s. 561.01 but does include a 644 calibrated dropper or other similar device capable of accurately 645 measuring servings. 646 (58) “Transporting organization” or “transporter” means an 647 organization or business that is licensed by the department to 648 transport cannabis on behalf of a cannabis business 649 establishment or a community college licensed under the Florida 650 College System Cannabis Vocational Training Pilot Program 651 created by this act. 652 (59) “Transporting organization agent” means a principal 653 officer, board member, employee, or agent of a transporting 654 organization. 655 (60) “Unit of local government” means any county, 656 municipality, or incorporated town. 657 566.012 Exemption from criminal and noncriminal penalties, 658 seizure, or forfeiture.—Notwithstanding

chapter 893 or any other 659 law, and except as provided in this chapter, the actions 660 specified in this

chapter are legal under the laws of this state 661 and do not constitute a civil or criminal offense under the laws 662 of this state or under the laws of any political subdivision 663 within this state or serve as a basis for seizure or forfeiture 664 of assets under state law. 665 566.013 Personal use of marijuana.— 666

(1) A person who is 21 years of age or older may do any of 667

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 24 of 354 CODING: Words stricken are deletions; words underlined are additions. the following: 668 (

a) Use, possess, or transport marijuana accessories and up 669 to 2.5 ounces of marijuana. 670 (

b) Transfer or furnish, without remuneration, up to 2.5 671 ounces of marijuana and up to six seedlings to a person who is 672 21 years of age or older. 673 (

c) Possess, grow, cultivate, process, or transport up to 674 six marijuana plants, including seedlings, and possess the 675 marijuana produced by the marijuana plants on the premises where 676 the plants were grown. 677 (

d) Purchase up to 2.5 ounces of marijuana, up to six 678 seedlings, and marijuana accessories from a retail marijuana 679 store. 680

(2) The following apply to the cultivation of marijuana for 681 personal use by a person who is 21 years of age or older: 682 (

a) A person may cultivate up to six marijuana plants, 683 including seedlings, at that person’s place of residence, on 684 property owned by that person, or on another person’s property 685 with permission of the owner of the other property. 686 (

b) A person who elects to cultivate marijuana shall take 687 reasonable precautions to ensure the plants are secure from 688 unauthorized access or access by a person under 21 years of age. 689 Reasonable precautions include, but are not limited to, 690 cultivating marijuana in a fully enclosed secure outdoor area, 691 locked closet, or locked room inaccessible to persons under 21 692 years of age. 693

(3) A person may smoke or ingest marijuana in a nonpublic 694 place, including, but not limited to, a private residence. 695 (

a) This subsection does not permit a person to consume 696

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 25 of 354 CODING: Words stricken are deletions; words underlined are additions. marijuana in a manner that endangers others. 697 (

b) The prohibitions and limitations on smoking tobacco 698 products in specified areas in

part II of

chapter 386 apply to 699 marijuana. 700 (

c) A person who smokes marijuana in a public place other 701 than as governed by

part II of

chapter 386 commits a noncriminal 702 violation subject to a civil penalty of $100. 703 566.0131 False identification.— 704

(1) A minor may not present or offer to a marijuana 705 establishment or the marijuana establishment’s agent or employee 706 any written or oral evidence of age which is false, fraudulent, 707 or not actually the minor’s own for the purpose of: 708 (

a) Ordering, purchasing, attempting to purchase, or 709 otherwise procuring or attempting to procure marijuana; or 710 (

b) Gaining access to marijuana. 711 (2)(

a) A minor who violates subsection (1) commits: 712 1. For a first offense, a noncriminal violation subject to 713 a civil penalty of at least $200 but not more than $400. 714 2. For a second offense, a noncriminal violation subject to 715 a civil penalty of at least $300 but not more than $600, which 716 may be suspended only as provided in paragraph (b). 717 3.

For a third or subsequent offense, a noncriminal 718 violation subject to a civil penalty of $600, which may only be 719 suspended as provided in paragraph (b). 720 721 When a minor is adjudged to have committed a first offense under 722 subsection (1), the judge shall inform that minor that the 723 noncriminal penalties for the second and subsequent offenses are 724 mandatory and may be suspended only as provided in paragraph 725

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 26 of 354 CODING: Words stricken are deletions; words underlined are additions. (b). Failure to inform the minor that subsequent noncriminal 726 penalties are mandatory is not a ground for suspension of any 727 subsequent civil penalty. 728 (

b) A judge, as an alternative to or in addition to the 729 noncriminal penalties specified in paragraph (a), may assign the 730 minor to perform specified work for the benefit of the state, 731 the municipality, or other public entity or a charitable 732 institution for no more than 40 hours for each violation. 733 566.014 Personal cultivation.— 734

(1) Notwithstanding any other law, and except as otherwise 735 provided in this chapter, the following acts are not a violation 736 of this

chapter and shall not be a criminal or civil offense 737 under state law or the ordinances of any unit of local 738 government of this state or be a basis for seizure or forfeiture 739 of assets under state law for persons other than natural 740 individuals under 21 years of age: 741 (

a) Possessing, consuming, using, purchasing, obtaining, or 742 transporting an amount of cannabis for personal use which does 743 not exceed the possession limit under s. 566.013 or otherwise in 744 accordance with the requirements of this chapter. 745 (

b) Cultivation of cannabis for personal use in accordance 746 with the requirements of this chapter. 747 (

c) Controlling property if actions that are authorized by 748 this

chapter occur on the property in accordance with this 749 chapter. 750

(2) Notwithstanding any other law, and except as otherwise 751 provided in this chapter, possessing, consuming, using, 752 purchasing, obtaining, or transporting an amount of cannabis 753 purchased or produced in accordance with this

chapter which does 754

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 27 of 354 CODING: Words stricken are deletions; words underlined are additions. not exceed the possession limit under s. 566.013(1) shall not be 755 a basis for seizure or forfeiture of assets under state law. 756

(3) Cultivating cannabis for personal use is subject to the 757 following limitations: 758 (

a) A resident of this state who is 21 years of age or 759 older and is a registered qualified patient under s. 381.986 may 760 cultivate cannabis plants, with a limit of five plants that are 761 more than 5 inches tall, per household without a cultivation 762 center or craft grower license. 763 (

b) Cannabis cultivation must take place in an enclosed, 764 locked space. 765 (

c) Adult registered qualified patients may purchase 766 cannabis seeds from a dispensary for the purpose of home 767 cultivation. Seeds may not be given or sold to any other person. 768 (

d) Cannabis plants may not be stored or placed in a 769 location where they are subject to ordinary public view. A 770 registered qualified patient who cultivates cannabis under this 771

section shall take reasonable precautions to ensure the plants 772 are secure from unauthorized access, including unauthorized 773 access by a person under 21 years of age. 774

(4) Cannabis cultivation may occur only on residential 775 property lawfully in possession of the cultivator or with the 776 consent of the person in lawful possession of the property. An 777 owner or lessor of residential property may prohibit the 778 cultivation of cannabis by a lessee. 779

(5) A dwelling; a residence; an apartment; a condominium 780 unit; an enclosed, locked space; or a piece of property not 781 divided into multiple dwelling units may not contain more than 782 five plants at any one time. 783

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(6) Cannabis plants may be tended only by registered 784 qualified patients who reside at the residence or their 785 authorized agent attending to the residence for brief periods, 786 such as when the qualified patient is temporarily away from the 787 residence. 788

(7) A registered qualified patient who cultivates more than 789 the allowable number of cannabis plants, or who sells or gives 790 away cannabis plants, cannabis, or cannabis-infused products 791 produced under this section, is liable for penalties as provided 792 by law, in addition to loss of home cultivation privileges as 793 established by rule. 794 566.015 Possession limits.— 795 (1)(

a) Except as otherwise authorized by this chapter, for 796 a person who is 21 years of age or older and a resident of this 797 state, the possession limit is as follows: 798 1. Thirty grams of cannabis flower. 799 2. No more than 500 milligrams of tetrahydrocannabinol 800 (THC) contained in cannabis-infused product. 801 3. Five grams of cannabis concentrate. 802 (

b) For registered qualified patients, any cannabis 803 produced by cannabis plants grown under s. 566.012(2), provided 804 any amount of cannabis produced in excess of 30 grams of raw 805 cannabis or its equivalent must remain secured within the 806 residence or residential property in which it was grown. 807 (2)(

a) For a person who is 21 years of age or older and who 808 is not a resident of this state, the possession limit is: 809 1. Fifteen grams of cannabis flower. 810 2. Two and one-half grams of cannabis concentrate. 811 3. Two hundred fifty milligrams of THC contained in a 812

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 29 of 354 CODING: Words stricken are deletions; words underlined are additions. cannabis-infused product. 813 (

b) The possession limits found in subparagraphs (a)1. and 814 2. are to be considered cumulative. 815

(3) A person may not knowingly obtain, seek to obtain, or 816 possess an amount of cannabis from a dispensing organization or 817 craft grower that would cause him or her to exceed the 818 possession limit under this section, including cannabis that is 819 cultivated by a person under this

chapter or obtained under s. 820 381.986. 821 566.201 Duties of the division.—The division shall do all 822 of the following: 823

(1) Enforce the laws and rules relating to the 824 manufacturing, processing, labeling, storing, transporting, 825 testing, and selling of marijuana by marijuana establishments 826 and administer those laws relating to licensing and the 827 collection of taxes. 828

(2) Adopt rules consistent with this

chapter for the 829 administration and enforcement of laws regulating and licensing 830 marijuana establishments. 831

(3) If determined necessary by the division, enter into a 832 memorandum of understanding with the Department of Law 833 Enforcement, a county sheriff, or another state or municipal law 834 enforcement agency to perform inspections of marijuana 835 establishments. 836

(4) Issue marijuana cultivation facility, marijuana testing 837 facility, marijuana product manufacturing facility, and retail 838 marijuana store licenses. 839

(5) Prevent the sale of marijuana by licensees to minors 840 and intoxicated persons. 841

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(6) Ensure that licensees have access to the provisions of 842 this

chapter and other laws and rules governing marijuana in 843 accordance with this section. 844

(7) Post on the department’s publicly accessible website 845 this

chapter and all rules adopted under this chapter. The 846 division shall notify all licensees of changes in the law and 847 rules through a publicly accessible website posting within 90 848 days after adjournment of each session of the Legislature. The 849 division shall update the posting on the department’s publicly 850 accessible website to reflect new laws and rules before the 851 effective date of the laws and rules. 852

(8) Certify monthly to the Chief Financial Officer a 853 complete statement of revenues and expenses for licenses issued 854 and for revenues collected by the division and submit an annual 855 report that includes a complete statement of the revenues and 856 expenses for the division to the Governor, the President of the 857 Senate, and the Speaker of the House of Representatives. 858

(9) Suspend or revoke the license of a licensee in 859 accordance with rules adopted by the division. A marijuana 860 establishment with a license that is suspended or revoked 861 pursuant to this subsection may: 862 (

a) Continue to possess marijuana during the time its 863 license is suspended, but may not dispense, transfer, or sell 864 marijuana. If the marijuana establishment is a marijuana 865 cultivation facility, it may continue to cultivate marijuana 866 plants during the time its license is suspended. Marijuana may 867 not be removed from the licensed premises except as authorized 868 by the division and only for the purpose of destruction. 869 (

b) Possess marijuana for up to 7 days after revocation of 870

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 32 of 354 CODING: Words stricken are deletions; words underlined are additions. and Tobacco Trust Fund. 900 (

b) Proof of registration as a medical marijuana dispensary 901 that is in good standing. 902 (

c) Certification that the applicant will comply with the 903 requirements contained in s. 381.986 except as provided in this 904 chapter. 905 (

d) The legal name of the dispensing organization. 906 (

e) The physical address of the dispensing organization. 907 (

f) The name, address, social security number, and date of 908 birth of each principal officer and board member of the 909 dispensing organization, each of whom must be at least 21 years 910 of age. 911 (

g) A nonrefundable cannabis business development fee as 912 provided in s. 566.801 to be deposited with the department to be 913 used to encourage development of businesses of social equity 914 applicants. 915 (

h) Identification of one of the following social equity 916 inclusion plans to be completed by March 31, 2023: 917 1. Make a contribution to the department to be used to 918 encourage development of businesses of social equity applicants 919 as provided in s. 566.804. This is in addition to the fee 920 required by paragraph (g); 921 2. Make a grant provided in s. 566.804 to a cannabis 922 industry training or education program at a Florida College 923 System institution; 924 3. Make a donation provided in s. 566.804 or more to a 925 program that provides job training services to persons recently 926 incarcerated or that operates in a disproportionately impacted 927 area; 928

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 33 of 354 CODING: Words stricken are deletions; words underlined are additions. 4. Participate as a host in a cannabis business 929 establishment incubator program approved by the Department of 930 Economic Opportunity, and in which an early approval adult use 931 dispensing organization licensee agrees to provide a loan of at 932 least $100,000 and mentorship to incubate a licensee that 933 qualifies as a social equity applicant for at least a year.

As 934 used in this subparagraph, the term “incubate” means providing 935 direct financial assistance and training necessary to engage in 936 licensed cannabis industry activity similar to that of the host 937 licensee. The early approval adult use dispensing organization 938 licensee or the same entity holding any other licenses issued 939 pursuant to this

chapter shall not take an ownership stake of 940 greater than 10 percent in any business receiving incubation 941 services to comply with this paragraph. If an early approval 942 adult use dispensing organization licensee fails to find a 943 business to incubate to comply with this paragraph before its 944 early approval adult use dispensing organization license 945 expires, it may opt to meet the requirement of this paragraph by 946 completing another item from this paragraph; or 947 5.

Participate in a sponsorship program for at least 2 948 years approved by the Department of Economic Opportunity in 949 which an early approval adult use dispensing organization 950 licensee agrees to provide an interest-free loan of at least 951 $200,000 to a social equity applicant. The sponsor shall not 952 take an ownership stake in any cannabis business establishment 953 receiving sponsorship services to comply with this paragraph. 954

(3) The license fee required by paragraph (2)(

a) shall be 955 in addition to any license fee required for the renewal of a 956 registered medical marijuana dispensary license. 957

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(4) Applicants must submit all required information, 958 including the requirements in subsection (2), to the department. 959 Failure by an applicant to submit all required information may 960 result in the application being disqualified. 961

(5) If the department receives an application that fails to 962 provide the required elements contained in subsection (2), the 963 department shall issue a deficiency notice to the applicant. The 964 applicant shall have 10 calendar days after the date of the 965 deficiency notice to submit complete information. Applications 966 that are still incomplete after this opportunity to cure may be 967 disqualified. 968

(6) If an applicant meets all the requirements of 969 subsection (2), the department shall issue the early approval 970 adult use dispensing organization license within 14 days after 971 receiving a completed application unless: 972 (

a) The licensee or a principal officer is delinquent in 973 filing any required tax returns or paying any amounts owed to 974 the state; 975 (

b) The department determines there is reason to conclude, 976 based on documented compliance violations, the licensee is not 977 entitled to an early approval adult use dispensing organization 978 license; or 979 (

c) Any principal officer fails to register and remain in 980 compliance with this

chapter or s. 381.986. 981

(7) A medical marijuana treatment center that obtains an 982 early approval adult use dispensing organization license may 983 begin selling cannabis, cannabis-infused products, 984 paraphernalia, and related items to purchasers under the rules 985 of this

chapter no sooner than January 1, 2022. 986

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(8) A medical marijuana treatment center under s. 381.986 987 must maintain an adequate supply of cannabis and cannabis-988 infused products for purchase by qualified patients. For the 989 purposes of this subsection, “adequate supply” means a monthly 990 inventory level that is comparable in type and quantity to those 991 medical cannabis products provided to patients and caregivers on 992 an average monthly basis for the 6 months before the effective 993 date of this act. 994

(9) If there is a shortage of cannabis or cannabis-infused 995 products, a medical marijuana treatment center holding both a 996 medical marijuana treatment center license and a license under 997 this

chapter shall prioritize serving qualified patients and 998 caregivers before serving purchasers. 999

(10) Notwithstanding any law or rule to the contrary, a 1000 medical marijuana treatment center licensed under s. 381.986 1001 which is also an early approval adult use dispensing 1002 organization licensee may allow purchasers into a limited access 1003 area as that term is defined in rules adopted pursuant to s. 1004 381.986. 1005

(11) An early approval adult use dispensing organization 1006 license is valid until March 31, 2023. For medical marijuana 1007 treatment centers that obtain early approval adult use 1008 dispensing organization licenses, the department shall provide 1009 written or electronic notice 90 days before the expiration of 1010 the license that the license will expire and inform the licensee 1011 that it may renew its early approval adult use dispensing 1012 organization license. The department shall renew the early 1013 approval adult use dispensing organization license within 60 1014 days after it deems the renewal application complete if: 1015

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a) The medical marijuana treatment center submits an 1016 application and the required nonrefundable renewal fee, as 1017 provided in s. 566.801, to be deposited into the Alcoholic 1018 Beverage, Marijuana, and Tobacco Trust Fund. 1019 (

b) The department has not suspended or revoked the early 1020 approval adult use dispensing organization license or a medical 1021 marijuana treatment center license on the same premises for 1022 violations of this

chapter or s. 381.986 or rules adopted 1023 pursuant thereto. 1024 (

c) The medical marijuana treatment center has completed a 1025 social equity inclusion plan as required by paragraph (2)(h). 1026

(12) The early approval adult use dispensing organization 1027 license renewed pursuant to subsection (11) shall expire March 1028 31, 2024. For early approval adult use dispensing organization 1029 licensees, the department shall provide written or electronic 1030 notice 90 days before the expiration of the license that the 1031 license will expire and inform the licensee that it may apply 1032 for an adult use dispensing organization license. The department 1033 shall grant an adult use dispensing organization license within 1034 60 days after it deems an application complete if the applicant 1035 has met all of the criteria in s. 566.2032. 1036

(13) If a dispensary fails to submit an application for an 1037 adult use dispensing organization license before the expiration 1038 of the early approval adult use dispensing organization license 1039 pursuant to subsection (11), the medical marijuana treatment 1040 center shall cease serving purchasers and cease all operations 1041 until it receives an adult use dispensing organization license. 1042

(14) A medical marijuana treatment center agent who holds a 1043 valid medical marijuana treatment center agent identification 1044

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 37 of 354 CODING: Words stricken are deletions; words underlined are additions. card issued under s. 381.986 and is an officer, director, 1045 manager, or employee of the medical marijuana treatment center 1046 licensed under this

section may engage in all activities 1047 authorized by this

chapter to be performed by a medical 1048 marijuana treatment center agent. 1049 (15)(

a) If the department suspends or revokes the early 1050 approval adult use dispensing organization license of a 1051 dispensing organization that is also a medical marijuana 1052 treatment center licensed under s. 381.986, the department may 1053 consider the suspension or revocation as grounds to take 1054 disciplinary action against the medical cannabis dispensing 1055 organization license. 1056 (

b) If, within 360 days after the effective date of this 1057 act, a dispensing organization is unable to find a location 1058 within the BLS regions prescribed in which to operate an early 1059 approval adult use dispensing organization at a secondary site 1060 because no jurisdiction within the prescribed area allows the 1061 operation of an adult use cannabis dispensing organization, the 1062 department may waive the geographic restrictions and specify 1063 another BLS region in which the dispensary may be placed. 1064 (

c) A medical marijuana treatment center licensed under s. 1065 381.986 as of the effective date of this act may, within 60 days 1066 after the effective date of this act, apply to the department 1067 for an early approval adult use dispensing organization license 1068 to operate a dispensing organization to serve purchasers at a 1069 secondary site not within 1,500 feet of another medical 1070 marijuana treatment center. 1071 (

d) A medical marijuana treatment center licensed under s. 1072 381.986 seeking issuance of an early approval adult use 1073

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 38 of 354 CODING: Words stricken are deletions; words underlined are additions. dispensing organization license at a secondary site to serve 1074 purchasers at a secondary site as prescribed in this

section 1075 must submit an application on forms provided by the department. 1076 The application must meet or include the following 1077 qualifications: 1078 1. Payment of a nonrefundable application fee as provided 1079 in s. 566.801. 1080 2. Proof of registration as a medical marijuana treatment 1081 center licensed under s. 381.986 that is in good standing. 1082 3. Submission of the application by the same person or 1083 entity that holds the medical cannabis dispensing organization 1084 registration. 1085 4. The legal name of the medical marijuana treatment 1086 center. 1087 5.

The physical address of the medical cannabis treatment 1088 center and the proposed physical address of the secondary site. 1089 6. A copy of the current local zoning ordinance sections 1090 relevant to dispensary operations and documentation of the 1091 approval, the conditional approval, or the status of a request 1092 for zoning approval from the local zoning office that the 1093 proposed dispensary location is in compliance with the local 1094 zoning rules. 1095 7. A plot plan of the dispensary drawn to scale.

The 1096 applicant shall submit general specifications of the building 1097 exterior and interior layout. 1098 8. A statement that the dispensing organization agrees to 1099 respond to the department’s supplemental requests for 1100 information. 1101 9. For the building or land to be used as the proposed 1102

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 39 of 354 CODING: Words stricken are deletions; words underlined are additions. dispensary: 1103 a. If the property is not owned by the applicant, a written 1104 statement from the property owner and landlord, if any, 1105 certifying consent that the applicant may operate a dispensary 1106 on the premises; or 1107 b. If the property is owned by the applicant, confirmation 1108 of ownership. 1109 10. A copy of the proposed operating bylaws. 1110 11.

A copy of the proposed business plan that complies with 1111 the requirements in this chapter, including, at a minimum, the 1112 following: 1113 a. A description of services to be offered. 1114 b. A description of the process of dispensing cannabis. 1115 12. A copy of the proposed security plan that complies with 1116 the requirements in this chapter, including: 1117 a.

A description of the delivery process by which cannabis 1118 will be received from a transporting organization, including 1119 receipt of manifests and protocols that will be used to avoid 1120 diversion, theft, or loss at the dispensary acceptance point. 1121 b. The process or controls that will be implemented to 1122 monitor the dispensary; secure the premises, agents, patients, 1123 and currency; and prevent the diversion, theft, or loss of 1124 cannabis. 1125 c.

The process to ensure that access to the restricted 1126 access areas is restricted to registered agents, service 1127 professionals, transporting organization agents, department 1128 inspectors, and security personnel. 1129 13. A proposed inventory control plan that complies with 1130 this section. 1131

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 40 of 354 CODING: Words stricken are deletions; words underlined are additions. 14. The name, address, social security number, and date of 1132 birth of each principal officer and board member of the 1133 dispensing organization, each of whom must be at least 21 years 1134 of age. 1135 15. A nonrefundable cannabis business development fee as 1136 provided in s. 566.804, to be paid to the department to be used 1137 to encourage development of businesses of social equity 1138 applicants. 1139 16. A commitment to completing one of the social equity 1140 inclusion plans in paragraph (e). 1141 (

e) Before receiving an early approval adult use dispensing 1142 organization license at a secondary site, a dispensing 1143 organization shall indicate from the following list which social 1144 equity inclusion plan the applicant plans to achieve before the 1145 expiration of the early approval adult use dispensing 1146 organization license: 1147 1. Make a contribution of 3 percent of total sales from 1148 June 1, 2018, to June 1, 2019, or $100,000, whichever is less, 1149 to the department to be used to encourage development of 1150 businesses of social equity applicants.

This is in addition to 1151 the fee required by subparagraph (d)15.; 1152 2. Make a grant of 3 percent of total sales from June 1, 1153 2018, to June 1, 2019, or $100,000, whichever is less, to a 1154 cannabis industry training or education program at a Florida 1155 College System institution; 1156 3. Make a donation of $100,000 or more to a program that 1157 provides job training services to persons recently incarcerated 1158 or that operates in a disproportionately impacted area; 1159 4. Participate as a host in a cannabis business 1160

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 41 of 354 CODING: Words stricken are deletions; words underlined are additions. establishment incubator program approved by the Department of 1161 Economic Opportunity, and in which an early approval adult use 1162 dispensing organization license at a secondary site holder 1163 agrees to provide a loan of at least $100,000 and mentorship to 1164 incubate a licensee that qualifies as a social equity applicant 1165 for at least 1 year.

As used in this subparagraph, the term 1166 “incubate” means providing direct financial assistance and 1167 training necessary to engage in licensed cannabis industry 1168 activity similar to that of the host licensee. The early 1169 approval adult use dispensing organization licensee or the same 1170 entity holding any other licenses issued under this

chapter may 1171 not take an ownership stake of greater than 10 percent in any 1172 business receiving incubation services to comply with this 1173 paragraph.

If an early approval adult use dispensing 1174 organization license at a secondary site holder fails to find a 1175 business to incubate in order to comply with this paragraph 1176 before its early approval adult use dispensing organization 1177 license at a secondary site expires, it may opt to meet the 1178 requirement of this paragraph by completing another item from 1179 this paragraph before the expiration of its early approval adult 1180 use dispensing organization license at a secondary site to avoid 1181 a penalty; or 1182 5.

Participate for at least 2 years in a sponsorship 1183 program approved by the Department of Economic Opportunity in 1184 which an early approval adult use dispensing organization 1185 license at a secondary site holder agrees to provide an 1186 interest-free loan of at least $200,000 to a social equity 1187 applicant. The sponsor may not take an ownership stake of 1188 greater than 10 percent in any business receiving sponsorship 1189

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 42 of 354 CODING: Words stricken are deletions; words underlined are additions. services to comply with this paragraph. 1190 (

f) The license fee required by subparagraph (d)1. is in 1191 addition to any license fee required for the renewal of a 1192 medical marijuana treatment center license. 1193 (

g) Applicants must submit all required information, 1194 including the requirements in paragraph (d), to the department. 1195 Failure by an applicant to submit all required information may 1196 result in the application being disqualified. 1197 (

h) If the department receives an application that fails to 1198 provide the required elements contained in paragraph (d), the 1199 department shall issue a deficiency notice to the applicant. The 1200 applicant shall have 10 calendar days after the date of the 1201 deficiency notice to submit complete information. Applications 1202 that are still incomplete after this opportunity to cure may be 1203 disqualified. 1204 (

i) Once all required information and documents have been 1205 submitted, the department shall review the application. The 1206 department may request revisions and retains authority for final 1207 approval over dispensary features. Once the application is 1208 complete and meets the department’s approval, the department 1209 shall conditionally approve the license. Final approval is 1210 contingent on the buildout and department inspection. 1211 (

j) Upon submission of the early approval adult use 1212 dispensing organization at a secondary site application, the 1213 applicant shall request an inspection and the department may 1214 inspect the early approval adult use dispensing organization’s 1215 secondary site to confirm compliance with the application and 1216 this chapter. 1217 (

k) The department may issue an early approval adult use 1218

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 43 of 354 CODING: Words stricken are deletions; words underlined are additions. dispensing organization license at a secondary site only after 1219 the completion of a successful inspection. 1220 (

l) If an applicant passes the inspection under this 1221 subsection, the department shall issue the early approval adult 1222 use dispensing organization license at a secondary site within 1223 10 business days unless: 1224 1. The licensee; a principal officer, board member, or 1225 person having a financial or voting interest of 5 percent or 1226 greater in the licensee; or an agent is delinquent in filing any 1227 required tax returns or paying any amounts owed to the state; or 1228 2.

The department determines there is reason to conclude, 1229 based on documented compliance violations, that the licensee is 1230 not entitled to an early approval adult use dispensing 1231 organization license at its secondary site. 1232 (

m) Once the department has issued a license, the 1233 dispensing organization shall notify the department of the 1234 proposed opening date. 1235 (

n) A medical marijuana treatment center that obtains an 1236 early approval adult use dispensing organization license at a 1237 secondary site may begin selling cannabis, cannabis-infused 1238 products, paraphernalia, and related items to purchasers under 1239 the rules of this

chapter no earlier than January 1, 2022. 1240 (

o) If there is a shortage of cannabis or cannabis-infused 1241 products, a dispensing organization that is a medical marijuana 1242 treatment center under s. 381.986 and is licensed under this 1243

section shall prioritize serving qualified patients and 1244 caregivers before serving purchasers. 1245 (

p) An early approval adult use dispensing organization 1246 license at a secondary site is valid until March 31, 2023. For 1247

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 44 of 354 CODING: Words stricken are deletions; words underlined are additions. medical marijuana treatment centers that obtain early approval 1248 adult use dispensing organization licenses at secondary sites, 1249 the department shall provide written or electronic notice 90 1250 days before the expiration of the license that the license will 1251 expire and inform the licensee that it may renew its early 1252 approval adult use dispensing organization license at a 1253 secondary site.

The department shall renew an early approval 1254 adult use dispensing organization license at a secondary site 1255 within 60 days after it deems the renewal application complete 1256 if: 1257 1. The dispensing organization submits an application and 1258 the required nonrefundable renewal fee as provided in s. 1259 566.801, to be deposited into the Alcoholic Beverage, Marijuana, 1260 and Tobacco Trust Fund; 1261 2.

The person’s or entity’s early approval adult use 1262 dispensing organization license or a medical marijuana treatment 1263 center license has not been suspended or revoked for violation 1264 of applicable statutes or rules; and 1265 3. The dispensing organization has completed a social 1266 equity inclusion plan as required by this section. 1267 (

q) For early approval adult use dispensing organization 1268 licensees at secondary sites renewed pursuant to paragraph (p), 1269 the department shall provide written or electronic notice 90 1270 days before the expiration of the license that the license will 1271 expire and inform the licensee that it may apply for an adult 1272 use dispensing organization license. The department shall grant 1273 an adult use dispensing organization license within 60 days 1274 after it deems an application complete if the applicant has met 1275 all of the criteria for such a license. 1276

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 45 of 354 CODING: Words stricken are deletions; words underlined are additions. (

r) If a dispensing organization fails to submit an 1277 application for renewal of an early approval adult use 1278 dispensing organization license or for an adult use dispensing 1279 organization license before the expiration dates provided in 1280 paragraphs (

p) and (q), the dispensing organization shall cease 1281 serving purchasers until it receives a renewal or an adult use 1282 dispensing organization license. 1283 (

s) A medical marijuana treatment center agent who holds a 1284 valid medical marijuana treatment center agent identification 1285 card issued under s. 381.986 and is an officer, director, 1286 manager, or employee of the medical marijuana treatment center 1287 licensed under this

section may engage in all activities 1288 authorized by this

chapter to be performed by a medical 1289 marijuana treatment center agent. 1290 (

t) If the department suspends or revokes the early 1291 approval adult use dispensing organization license of a 1292 dispensing organization that also holds a medical marijuana 1293 treatment center license, the Department of Health may consider 1294 the suspension or revocation as grounds to take disciplinary 1295 action against the medical marijuana treatment center. 1296 (

u) All fees or fines collected from an early approval 1297 adult use dispensing organization license at a secondary site 1298 holder as a result of a disciplinary action in the enforcement 1299 of this

chapter shall be deposited into the Alcoholic Beverage, 1300 Marijuana, and Tobacco Trust Fund and be appropriated to the 1301 department for the ordinary and contingent expenses of the 1302 department in the administration and enforcement of this 1303 section. 1304

(16) All fees collected pursuant to this

section shall be 1305

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 46 of 354 CODING: Words stricken are deletions; words underlined are additions. deposited into the Alcoholic Beverage, Marijuana, and Tobacco 1306 Trust Fund, unless otherwise specified. 1307 566.203 Awarding of conditional adult use dispensing 1308 organization licenses.— 1309

(1) The department shall issue up to 75 conditional adult 1310 use dispensing organization licenses before May 1, 2022. 1311

(2) The department shall make the application for a 1312 conditional adult use dispensing organization license available 1313 no later than October 1, 2021, and shall accept applications no 1314 later than January 1, 2022. 1315

(3) To ensure the geographic dispersion of conditional 1316 adult use dispensing organization licensees, the number of 1317 licenses shall be awarded in each BLS region as determined by 1318 each region’s percentage of the state’s population. 1319

(4) An applicant seeking issuance of a conditional adult 1320 use dispensing organization license shall submit an application 1321 on forms provided by the department. An applicant must meet the 1322 following requirements: 1323 (

a) Payment of a nonrefundable application fee as provided 1324 in s. 588.801 for each license for which the applicant is 1325 applying, which shall be deposited into the Alcoholic Beverage, 1326 Marijuana, and Tobacco Trust Fund. 1327 (

b) Certification that the applicant will comply with the 1328 requirements of this chapter. 1329 (

c) The legal name of the proposed dispensing organization. 1330 (

d) A statement that the dispensing organization agrees to 1331 respond to the department’s supplemental requests for 1332 information. 1333 (

e) From each principal officer, a statement indicating 1334

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 47 of 354 CODING: Words stricken are deletions; words underlined are additions. whether that person: 1335 1. Has previously held or currently holds an ownership 1336 interest in a cannabis business establishment in this state; or 1337 2. Has held an ownership interest in a dispensing 1338 organization or its equivalent in another state or territory of 1339 the United States that had the dispensing organization 1340 registration or license suspended, revoked, placed on 1341 probationary status, or subjected to other disciplinary action. 1342 (

f) Disclosure of whether any principal officer has ever 1343 filed for bankruptcy or defaulted on a spousal support or child 1344 support obligation. 1345 (

g) A resume for each principal officer, including whether 1346 that person has an academic degree, certification, or relevant 1347 experience with a cannabis business establishment or in a 1348 related industry. 1349 (

h) A description of the training and education that will 1350 be provided to dispensing organization agents. 1351 (

i) A copy of the proposed operating bylaws. 1352 (

j) A copy of the proposed business plan that complies with 1353 the requirements in this chapter, including, at a minimum, the 1354 following: 1355 1. A description of services to be offered. 1356 2. A description of the process of dispensing cannabis. 1357 (

k) A copy of the proposed security plan that complies with 1358 the requirements in this chapter, including: 1359 1. The process or controls that will be implemented to 1360 monitor the dispensary, secure the premises, agents, and 1361 currency, and prevent the diversion, theft, or loss of cannabis. 1362 2. The process to ensure that access to the restricted 1363

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 48 of 354 CODING: Words stricken are deletions; words underlined are additions. access areas is restricted to registered agents, service 1364 professionals, transporting organization agents, department 1365 inspectors, and security personnel. 1366 (

l) A proposed inventory control plan that complies with 1367 this section. 1368 (

m) A proposed floor plan, a square footage estimate, and a 1369 description of proposed security devices, including, without 1370 limitation, cameras, motion detectors, servers, video storage 1371 capabilities, and alarm service providers. 1372 (

n) The name, address, social security number, and date of 1373 birth of each principal officer and board member of the 1374 dispensing organization, each of whom must be at least 21 years 1375 of age. 1376 (

o) Evidence of the applicant’s status as a social equity 1377 applicant, if applicable, and whether such applicant plans to 1378 apply for a loan or grant issued by the Department of Economic 1379 Opportunity. 1380 (

p) The address, telephone number, and e-mail address of 1381 the applicant’s principal place of business, if applicable. A 1382 post office box is not permitted. 1383 (

q) Written summaries of any information regarding 1384 instances in which a business or nonprofit organization that a 1385 prospective board member previously managed or served on was 1386 fined or censured or had its registration suspended or revoked 1387 in any administrative or judicial proceeding. 1388 (

r) A plan for community engagement. 1389 (

s) Procedures to ensure accurate recordkeeping and 1390 security measures that are in accordance with this

chapter and 1391 department rules. 1392

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t) The estimated volume of cannabis it plans to store at 1393 the dispensary. 1394 (

u) A description of the features that will provide 1395 accessibility to purchasers as required by the Americans with 1396 Disabilities Act. 1397 (

v) A detailed description of air treatment systems that 1398 will be installed to reduce odors. 1399 (

w) A reasonable assurance that the issuance of a license 1400 will not have a detrimental impact on the community in which the 1401 applicant wishes to locate. 1402 (

x) The dated signature of each principal officer. 1403 (

y) A description of the enclosed, locked facility where 1404 cannabis will be stored by the dispensing organization. 1405 (

z) Signed statements from each dispensing organization 1406 agent stating that he or she will not divert cannabis. 1407 (aa) The number of licenses it is applying for in each BLS 1408 region. 1409 (bb) A diversity plan that includes a narrative of at least 1410 2,500 words that establishes a goal of diversity in ownership, 1411 management, employment, and contracting to ensure that diverse 1412 participants and groups are afforded equal opportunities. 1413 (cc) A contract with a private security contractor that is 1414 licensed under

part III of

chapter 493 in order for the 1415 dispensary to have adequate security at its facility. 1416

(5) An applicant who receives a conditional adult use 1417 dispensing organization license under this

section has 180 days 1418 after the date of award to identify a physical location for the 1419 dispensing organization retail storefront. Before a conditional 1420 licensee receives an authorization to build out the dispensing 1421

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 50 of 354 CODING: Words stricken are deletions; words underlined are additions. organization from the department, the department shall inspect 1422 the physical space selected by the conditional licensee.

The 1423 department shall verify the site is suitable for public access, 1424 the layout promotes the safe dispensing of cannabis, the 1425 location is sufficient in size, power allocation, lighting, 1426 parking, handicapped accessible parking spaces, accessible entry 1427 and exits as required by the Americans with Disabilities Act, 1428 product handling, and storage. The applicant shall also provide 1429 a statement of reasonable assurance that the issuance of a 1430 license will not have a detrimental impact on the community.

The 1431 applicant shall also provide evidence that the location is not 1432 within 1,500 feet of an existing dispensing organization. If an 1433 applicant is unable to find a physical location suitable to the 1434 department within 180 days after the issuance of the conditional 1435 adult use dispensing organization license, the department may 1436 extend the period for finding a physical location for an 1437 additional 180 days if the conditional adult use dispensing 1438 organization licensee demonstrates concrete attempts to secure a 1439 location and a hardship.

If the department denies the extension 1440 or the conditional adult use dispensing organization licensee is 1441 unable to find a location or become operational within 360 days 1442 after being awarded a conditional license, the department shall 1443 rescind the conditional license and award it to the next highest 1444 scoring applicant in the BLS region for which the license was 1445 assigned, provided the applicant receiving the license: 1446 (

a) Confirms a continued interest in operating a dispensing 1447 organization. 1448 (

b) Can provide evidence that the applicant continues to 1449 meet the financial requirements of this section. 1450

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 51 of 354 CODING: Words stricken are deletions; words underlined are additions. (

c) Has not otherwise become ineligible to be awarded a 1451 dispensing organization license. If the new awardee is unable to 1452 accept the conditional adult use dispensing organization 1453 license, the department shall award the conditional adult use 1454 dispensing organization license to the next highest scoring 1455 applicant in the same manner. The new awardee shall be subject 1456 to the same required deadlines as provided in this subsection. 1457

(6) If within 180 days after being awarded a conditional 1458 adult use dispensing organization license, a dispensing 1459 organization is unable to find a location within the BLS region 1460 in which it was awarded a conditional adult use dispensing 1461 organization license because no jurisdiction within the BLS 1462 region allows for the operation of an adult use dispensing 1463 organization, the department may authorize the conditional adult 1464 use dispensing organization licensee to transfer its license to 1465 a different BLS region specified by the department. 1466

(7) A dispensing organization that is awarded a conditional 1467 adult use dispensing organization license pursuant to the 1468 criteria in s. 566.202 may not purchase, possess, sell, or 1469 dispense cannabis or cannabis-infused products until the person 1470 has received an adult use dispensing organization license issued 1471 by the department pursuant to s. 566.2032. The department may 1472 not issue an adult use dispensing organization license until: 1473 (

a) The department has inspected the dispensary site and 1474 proposed operations and verified that they are in compliance 1475 with this

chapter and local zoning laws. 1476 (

b) The conditional adult use dispensing organization 1477 licensee has paid a registration fee as provided in s. 566.801, 1478 or a prorated amount accounting for the difference of time 1479

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 52 of 354 CODING: Words stricken are deletions; words underlined are additions. between when the adult use dispensing organization license is 1480 issued and March 31 of the next even-numbered year. 1481

(8) The department shall conduct a background check of the 1482 prospective organization agents in order to carry out its duties 1483 under this chapter. The Department of Law Enforcement may charge 1484 a fee as provided in s. 943.053.

Each person applying as a 1485 dispensing organization agent shall submit a full set of 1486 fingerprints to the Department of Law Enforcement for the 1487 purpose of obtaining a state and federal criminal records check. 1488 These fingerprints shall be checked against the fingerprint 1489 records now and hereafter, to the extent allowed by law, filed 1490 in the Department of Law Enforcement criminal history records 1491 databases. The Department of Law Enforcement shall furnish, 1492 following positive identification, all this state’s conviction 1493 information to the department. 1494

(9) Applicants for a conditional adult use dispensing 1495 organization license must submit all required information, 1496 including the information required in s. 566.203, to the 1497 department. Failure by an applicant to submit all required 1498 information may result in the application being disqualified. 1499

(10) If the department receives an application that fails 1500 to provide the required elements contained in this section, the 1501 department shall issue a deficiency notice to the applicant. The 1502 applicant shall have 10 calendar days after the date of the 1503 deficiency notice to resubmit the incomplete information. 1504 Applications that are still incomplete after this opportunity to 1505 cure will not be scored and will be disqualified. 1506

(11) The department shall award up to 250 points to 1507 complete applications based on the sufficiency of the 1508

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 53 of 354 CODING: Words stricken are deletions; words underlined are additions. applicant’s responses to required information. Applicants will 1509 be awarded points based on a determination that the application 1510 satisfactorily includes the following elements: 1511 (

a) Suitability of employee training plan (15 points).—The 1512 plan includes an employee training plan that demonstrates that 1513 employees will understand the laws and rules to be followed by 1514 dispensary employees, have knowledge of any security measures 1515 and operating procedures of the dispensary, and are able to 1516 advise purchasers on how to safely consume cannabis and use 1517 individual products offered by the dispensary. 1518 (

b) Security and recordkeeping (65 points).— 1519 1. The security plan accounts for the prevention of the 1520 theft or diversion of cannabis. The security plan demonstrates 1521 safety procedures for dispensary agents and purchasers, and for 1522 safe delivery and storage of cannabis and currency. It 1523 demonstrates compliance with all security requirements in this 1524

section and rules. 1525 2. A plan for recordkeeping, tracking, and monitoring 1526 inventory, quality control, and other policies and procedures 1527 that will promote standard recordkeeping and discourage unlawful 1528 activity. This plan includes the applicant’s strategy to 1529 communicate with the department and the Department of Law 1530 Enforcement on the destruction and disposal of cannabis. The 1531 plan must also demonstrate compliance with this

chapter and 1532 rules adopted pursuant thereto. 1533 3. The security plan shall also detail which private 1534 security contractor licensed under

part III of

chapter 493 the 1535 dispensary will contract with in order to provide adequate 1536 security at its facility. 1537

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c) Applicant’s business plan, financials, operating and 1538 floor plan (65 points).— 1539 1. The business plan shall describe, at a minimum, how the 1540 dispensing organization will be managed on a long-term basis. 1541 This shall include a description of the dispensing 1542 organization’s point-of-sale system, purchases and denials of 1543 sale, confidentiality, and products and services to be offered. 1544 It will demonstrate compliance with this

chapter and rules 1545 adopted pursuant thereto. 1546 2. The operating plan shall include, at a minimum, best 1547 practices for day-to-day dispensary operation and staffing. The 1548 operating plan may also include information about employment 1549 practices, including information about the percentage of full-1550 time employees who will be provided a living wage. 1551 3. The proposed floor plan must be suitable for public 1552 access, the layout must promote safe dispensing of cannabis, 1553 must comply with the Americans with Disabilities Act, and must 1554 facilitate safe product handling and storage. 1555 (

d) Knowledge and experience (30 points).— 1556 1. The applicant’s principal officers must demonstrate 1557 experience and qualifications in business management or 1558 experience with the cannabis industry. This includes ensuring 1559 optimal safety and accuracy in the dispensing and sale of 1560 cannabis. 1561 2. The applicant’s principal officers must demonstrate 1562 knowledge of various cannabis product strains or varieties and 1563 describe the types and quantities of products planned to be 1564 sold. This includes confirmation of whether the dispensing 1565 organization plans to sell cannabis paraphernalia or edibles. 1566

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 55 of 354 CODING: Words stricken are deletions; words underlined are additions. 3. Knowledge and experience may be demonstrated through 1567 experience in other comparable industries that reflect on the 1568 applicant’s ability to operate a cannabis business 1569 establishment. 1570 (

e) Status as a social equity applicant (50 points).—The 1571 applicant meets the qualifications for a social equity applicant 1572 as set forth in this chapter. 1573 (

f) Labor and employment practices (5 points).—The 1574 applicant may describe plans to provide a safe, healthy, and 1575 economically beneficial working environment for its agents, 1576 including, but not limited to, codes of conduct, health care 1577 benefits, educational benefits, retirement benefits, living wage 1578 standards, and entering a labor peace agreement with employees. 1579 (

g) Environmental plan (5 points).—The applicant may 1580 demonstrate an environmental plan of action to minimize the 1581 carbon footprint, environmental impact, and resource needs for 1582 the dispensary, which may include, but need not be limited to, 1583 recycling cannabis product packaging. 1584 (

h) Florida owner (5 points).—Fifty-one percent or more of 1585 the applicant business is owned and controlled by a Florida 1586 resident who can prove residency in this state for each of the 1587 past 5 years with tax records. 1588 (

i) Status as a veteran (5 points).—Fifty-one percent or 1589 more of the applicant business is controlled and owned by an 1590 individual or individuals who meet the qualifications of a 1591 veteran as defined s. 1.01(14). 1592 (

j) A diversity plan (5 points).—The applicant must provide 1593 a diversity plan that includes a narrative of no more than 2,500 1594 words which establishes a goal of diversity in ownership, 1595

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 56 of 354 CODING: Words stricken are deletions; words underlined are additions. management, employment, and contracting to ensure that diverse 1596 participants and groups are afforded equal opportunities. 1597

(12) The department may also award up to 2 bonus points if 1598 an applicant includes a plan to engage with the community. The 1599 applicant may demonstrate a desire to engage with its community 1600 by participating in one or more of, but not limited to, the 1601 following actions: 1602 1. Establishing an incubator program designed to increase 1603 participation in the cannabis industry by persons who would 1604 qualify as social equity applicants; 1605 2. Providing financial assistance to substance abuse 1606 treatment centers; 1607 3.

Educating children and teens about the potential harms 1608 of cannabis use; or 1609 4. Other measures demonstrating a commitment to the 1610 applicant’s community. Bonus points will only be awarded if the 1611 department receives more than one application for a particular 1612 BLS region which receive an equal score. 1613

(13) The department may verify information contained in 1614 each application and accompanying documentation to assess the 1615 applicant’s veracity and fitness to operate a dispensing 1616 organization. 1617

(14) The department may refuse to issue an authorization to 1618 any applicant who: 1619 (

a) Is unqualified to perform the duties required of the 1620 applicant; 1621 (

b) Fails to disclose or states falsely any information 1622 called for in the application; 1623 (

c) Has been found guilty of a violation of this chapter, 1624

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 57 of 354 CODING: Words stricken are deletions; words underlined are additions. or whose medical marijuana dispensary license, early approval 1625 adult use dispensing organization license, early approval adult 1626 use dispensing organization license at a secondary site, or 1627 early approval cultivation center license was suspended, 1628 restricted, revoked, or denied for just cause, or the 1629 applicant’s cannabis business establishment license was 1630 suspended, restricted, revoked, or denied in any other state; or 1631 (

d) Has engaged in a pattern or practice of unfair or 1632 illegal practices, methods, or activities in the conduct of 1633 owning a cannabis business establishment or other business. 1634

(15) The department shall deny the license if any principal 1635 officer, board member, or person having a financial or voting 1636 interest of 5 percent or greater in the licensee is delinquent 1637 in filing any required tax returns or paying any amounts owed to 1638 the state. 1639

(16) The department shall verify an applicant’s compliance 1640 with the requirements of this

chapter and rules adopted pursuant 1641 thereto before issuing a dispensing organization license. 1642

(17) If an applicant is awarded a license, the information 1643 and plans provided in the application, including any plans 1644 submitted for bonus points, shall become a condition of the 1645 conditional adult use dispensing organization license, except as 1646 otherwise provided by this

chapter or rule adopted pursuant 1647 thereto. Dispensing organizations have a duty to disclose any 1648 material changes to the application. The department shall review 1649 all material changes disclosed by the dispensing organization 1650 and may reevaluate its prior decision regarding the awarding of 1651 a license, including, but not limited to, suspending or revoking 1652 a license. Failure to comply with the conditions or requirements 1653

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 58 of 354 CODING: Words stricken are deletions; words underlined are additions. in the application may subject the dispensing organization to 1654 discipline, up to and including suspension or revocation of its 1655 authorization or license by the department. 1656

(18) If an applicant has not begun operating as a 1657 dispensing organization within 1 year after the issuance of the 1658 conditional adult use dispensing organization license, the 1659 department may revoke the conditional adult use dispensing 1660 organization license and award it to the next highest scoring 1661 applicant in the BLS region if a suitable applicant indicates a 1662 continued interest in the license or begin a new selection 1663 process to award a conditional adult use dispensing organization 1664 license. 1665

(19) The department shall deny an application if granting 1666 that application would result in a single person or entity 1667 having a direct or indirect financial interest in more than 10 1668 early approval adult use dispensing organization licenses, 1669 conditional adult use dispensing organization licenses, or adult 1670 use dispensing organization licenses.

Any entity that is awarded 1671 a license that results in a single person or entity having a 1672 direct or indirect financial interest in more than 10 licenses 1673 shall forfeit the most recently issued license and be subject to 1674 a penalty to be determined by the department, unless the entity 1675 declines the license at the time it is awarded. 1676 566.2031 Conditional adult use dispensing organization 1677 licenses after January 1, 2023.— 1678

(1) In addition to any of the licenses issued under this 1679 chapter, by December 21, 2021, the department shall issue up to 1680 110 conditional adult use dispensing organization licenses 1681 pursuant to the application process under this section. Before 1682

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 60 of 354 CODING: Words stricken are deletions; words underlined are additions. based on the criteria in subsection (1). The department may not 1712 issue more than 500 adult use dispensary organization licenses. 1713 566.2032 Adult use dispensing organization license.— 1714

(1) A person is eligible to receive an adult use dispensing 1715 organization only if the person has been awarded a conditional 1716 adult use dispensing organization license pursuant to this 1717

chapter or has renewed its license pursuant to s. 566.202(11) or 1718 (12). 1719

(2) The department shall not issue an adult use dispensing 1720 organization license until: 1721 (

a) The department has inspected the dispensary site and 1722 proposed operations and verified that they are in compliance 1723 with this

chapter and local zoning laws; 1724 (

b) The conditional adult use dispensing organization 1725 licensee has paid a registration fee as provided in s. 566.801 1726 or a prorated amount accounting for the difference of time 1727 between when the adult use dispensing organization license is 1728 issued and March 31 of the next even-numbered year; and 1729 (

c) The conditional adult use dispensing organization 1730 licensee has met all the requirements in this

chapter and rules. 1731

(3) A person or an entity may not hold any legal, 1732 equitable, ownership, or beneficial interest, directly or 1733 indirectly, of more than 10 dispensing organizations licensed 1734 under this chapter. Further, a person or an entity that is: 1735 (

a) Employed by, is an agent of, or participates in the 1736 management of a dispensing organization or registered medical 1737 marijuana dispensary; 1738 (

b) A principal officer of a dispensing organization or 1739 registered medical marijuana dispensary; or 1740

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c) An entity controlled by or affiliated with a principal 1741 officer of a dispensing organization or registered medical 1742 marijuana dispensary; 1743 1744 may not hold any legal, equitable, ownership, or beneficial 1745 interest, directly or indirectly, in a dispensing organization 1746 which would result in such person or entity owning or 1747 participating in the management of more than 10 dispensing 1748 organizations. For the purpose of this paragraph, the term 1749 “participating in management” includes, without limitation, 1750 controlling decisions regarding staffing, pricing, purchasing, 1751 marketing, store design, hiring, and website design. 1752

(4) The department shall deny an application if granting 1753 that application would result in a person or entity obtaining 1754 direct or indirect financial interest in more than 10 early 1755 approval adult use dispensing organization licenses, conditional 1756 adult use dispensing organization licenses, adult use dispensing 1757 organization licenses, or any combination thereof.

If a person 1758 or entity is awarded a conditional adult use dispensing 1759 organization license that would cause the person or entity to be 1760 in violation of this subsection, he, she, or it shall choose 1761 which license application it wants to abandon and such license 1762 shall become available to the next qualified applicant in the 1763 region in which the abandoned license was awarded. 1764 566.2033 Dispensing organization agent identification card; 1765 agent training.— 1766

(1) The department shall: 1767 (

a) Verify the information contained in an application or 1768 renewal for a dispensing organization agent identification card 1769

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 62 of 354 CODING: Words stricken are deletions; words underlined are additions. submitted under this chapter, and approve or deny an application 1770 or renewal, within 30 days after receiving a completed 1771 application or renewal application and all supporting 1772 documentation required by rule. 1773 (

b) Issue a dispensing organization agent identification 1774 card to a qualifying agent within 15 business days after 1775 approving the application or renewal. 1776 (

c) Enter the registry identification number of the 1777 dispensing organization where the agent works. 1778 (

d) Within 1 year after the effective date of this act, 1779 allow for an electronic application process and confirm by 1780 electronic means or other methods that an application has been 1781 submitted. 1782 (

e) Collect a nonrefundable fee as provided in s. 566.801 1783 from the applicant to be deposited into the Alcoholic Beverage, 1784 Marijuana, and Tobacco Trust Fund. 1785

(2) A dispensing agent must keep his or her identification 1786 card visible at all times when on the property of the dispensing 1787 organization. 1788

(3) The dispensing organization agent identification cards 1789 shall contain all of the following: 1790 (

a) The name of the cardholder. 1791 (

b) The date of issuance and expiration date of the 1792 dispensing organization agent identification cards. 1793 (

c) A random 10-digit alphanumeric identification number 1794 containing at least four numbers and at least four letters which 1795 is unique to the cardholder. 1796 (

d) A photograph of the cardholder. 1797

(4) The dispensing organization agent identification cards 1798

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 63 of 354 CODING: Words stricken are deletions; words underlined are additions. shall be immediately returned to the dispensing organization 1799 upon termination of employment. 1800

(5) The department shall not issue an agent identification 1801 card if the applicant is delinquent in filing any required tax 1802 returns or paying any amounts owed to the state. 1803

(6) A card lost by a dispensing organization agent shall be 1804 reported to the Department of Law Enforcement and the department 1805 immediately upon discovery of the loss. 1806

(7) An applicant shall be denied a dispensing organization 1807 agent identification card if he or she fails to complete the 1808 training provided for in this section. 1809

(8) A dispensing organization agent shall be required to 1810 hold only one card for the same employer regardless of what type 1811 of dispensing organization license the employer holds. 1812 (9)(

a) Within 90 days after September 1, 2021, or 90 days 1813 after employment, whichever is later, all owners, managers, 1814 employees, and agents involved in the handling or sale of 1815 cannabis or cannabis-infused product employed by an adult use 1816 dispensing organization or medical marijuana dispensary shall 1817 attend and successfully complete a responsible vendor program. 1818 (

b) Each owner, manager, employee, and agent of an adult 1819 use dispensing organization or medical marijuana dispensary 1820 shall successfully complete the program annually. 1821 (

c) Responsible vendor program training modules shall 1822 include at least 2 hours of instruction time approved by the 1823 department which includes: 1824 1. Health and safety concerns of cannabis use, including 1825 the responsible use of cannabis, its physical effects, onset of 1826 physiological effects, recognizing signs of impairment, and 1827

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 64 of 354 CODING: Words stricken are deletions; words underlined are additions. appropriate responses in the event of overconsumption. 1828 2. Training on laws and rules relating to driving while 1829 under the influence. 1830 3. Training on state laws and rules relating to the 1831 prohibition on the sale of cannabis to minors. 1832 4. Training on state laws and rules relating to quantity 1833 limitations on sales to purchasers. 1834 5. Training on acceptable forms of identification, 1835 including, but not limited to: 1836 a.

How to check identification. 1837 b. Common mistakes made in verification. 1838 6. Safe storage of cannabis. 1839 7. Compliance with all inventory tracking system 1840 regulations. 1841 8. Waste handling, management, and disposal. 1842 9. Health and safety standards. 1843 10. Maintenance of records. 1844 11. Security and surveillance requirements. 1845 12. Permitting inspections by state and local licensing and 1846 enforcement authorities. 1847 13. Privacy issues. 1848 14. Packaging and labeling requirement for sales to 1849 purchasers. 1850 15. Other areas as determined by department rule. 1851

(10) Upon the successful completion of the responsible 1852 vendor program, the provider shall deliver proof of completion 1853 either through mail or electronic communication to the 1854 dispensing organization, which shall retain a copy of the 1855 certificate. 1856

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(11) The license of a dispensing organization or medical 1857 marijuana dispensary whose owners, managers, employees, or 1858 agents fail to comply with this

section may be suspended or 1859 revoked under s. 566.2068 or may face other disciplinary action. 1860

(12) The regulation of dispensing organization and medical 1861 cannabis dispensing employer and employee training is an 1862 exclusive function of the state, and regulation by a unit of 1863 local government is prohibited. 1864

(13) Persons seeking department approval to offer the 1865 training required by paragraph (9)(

c) may apply for such 1866 approval between August 1 and August 15 of each odd-numbered 1867 year in a manner prescribed by the department. 1868

(14) Persons seeking department approval to offer the 1869 training required by paragraph (9)(

c) shall submit a 1870 nonrefundable application fee as provided in s. 566.801 to be 1871 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 1872 Trust Fund or a fee as may be set by rule. Any changes made to 1873 the training module shall be approved by the department. 1874

(15) The department shall not unreasonably deny approval of 1875 a training module that meets all the requirements of paragraph 1876 (9)(c). A denial of approval must include a detailed description 1877 of the reasons for the denial. 1878

(16) Any person approved to provide the training required 1879 by paragraph (9)(

c) shall submit an application for reapproval 1880 between August 1 and August 15 of each odd-numbered year and 1881 include a nonrefundable application fee as provided in s. 1882 566.801 to be deposited into the Alcoholic Beverage, Marijuana, 1883 and Tobacco Trust Fund or a fee as may be set by rule. 1884 566.20331 Renewal of adult use dispensing organization 1885

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(1) Adult use dispensing organization licenses shall expire 1887 on March 31 of even-numbered years. 1888

(2) Agent identification cards shall expire 1 year after 1889 the date they are issued. 1890

(3) Licensees and dispensing agents shall submit renewal 1891 applications as provided by the department and pay the renewal 1892 fees provided in s. 566.801(3)(

b) and (4)(a)1., respectively. 1893 The department shall require an agent, employee, contracting, 1894 and subcontracting diversity report and an environmental impact 1895 report with its renewal application. No license or agent 1896 identification card shall be renewed if it is currently under 1897 revocation or suspension for violation of this

chapter or any 1898 rules that may be adopted under this

chapter or the licensee, 1899 principal officer, board member, person having a financial or 1900 voting interest of 5 percent or greater in the licensee, or 1901 agent is delinquent in filing any required tax returns or paying 1902 any amounts owed to the state. 1903

(4) Renewal fees collected under subsection (3) are to be 1904 deposited into the Alcoholic Beverage, Marijuana, and Tobacco 1905 Trust Fund. 1906

(5) If a dispensing organization fails to renew its license 1907 before expiration, the dispensing organization shall cease 1908 operations until the license is renewed. 1909

(6) If a dispensing organization agent fails to renew his 1910 or her registration before its expiration, he or she shall cease 1911 to perform duties authorized by this

chapter at a dispensing 1912 organization until his or her registration is renewed. 1913

(7) Any dispensing organization that continues to operate 1914

Florida Senate - 2021 SB 1916 11-01732-21 20211916__ Page 67 of 354 CODING: Words stricken are deletions; words underlined are additions. after failing to renew its license or a dispensing agent who 1915 continues to perform duties authorized by this

chapter at a 1916 dispensing organization that fails to renew its license is 1917 subject to penalty as provided in this chapter, or any rules 1918 that may be adopted pursuant to this chapter. 1919

(8) The department may not renew a license if the applicant 1920 is delinquent in filing any required tax returns or paying any 1921 amounts owed to the state. The department shall not renew a 1922 dispensing agent identification card if the applicant is 1923