Florida Senate - 2021 SB 1916



By Senator Bracy





11-01732-21 20211916__
1 A bill to be entitled
2 An act relating to legalization of recreational
3 marijuana; amending s. 20.165, F.S.; renaming the
4 Division of Alcoholic Beverages and Tobacco of the
5 Department of Business and Professional Regulation;
6 amending s. 561.025, F.S.; renaming the Alcoholic
7 Beverage and Tobacco Trust Fund; specifying
8 distribution of funds; providing directives to the
9 Division of Law Revision; creating ch. 566, F.S.,
10 entitled “Recreational Marijuana”; defining terms;
11 exempting certain activities involving marijuana from
12 use and possession offenses; authorizing persons age
13 21 and over to engage in certain activities involving
14 personal use of marijuana in limited amounts;
15 providing limits on where persons may engage in
16 specified activities; prohibiting the use of false
17 identification by persons under 21 years of age for
18 specified activities relating to recreational
19 marijuana; providing civil penalties; providing for
20 personal cultivation; specifying possession limits;
21 specifying duties of the Division of Alcoholic
22 Beverages, Marijuana, and Tobacco; providing for
23 issuance of early approval adult use dispensing
24 organization licenses; specifying selection criteria;
25 providing for conditional adult use dispensing
26 organization licenses; providing for the issuance of
27 such licenses after a specified date; providing for
28 adult use dispensing organization licenses; providing
29 for identification cards for dispensing organization
30 agents; requiring owners, managers, employees, and
31 agents of adult use dispensing organizations to
32 complete certain training by a specified date;
33 providing requirements for the training program;
34 providing for the renewal of adult use dispensing
35 organization licenses; requiring disclosure of
36 ownership and control of dispensing organizations;
37 requiring evidence of financial responsibility for
38 issuance, maintenance, or reactivation of a license;
39 providing requirements for such evidence; providing
40 for changes to dispensing organizations; providing for
41 administration of dispensing organizations; providing
42 operational requirements; providing requirements for
43 inventory control systems; providing storage
44 requirements; providing dispensing requirements;
45 providing requirements for destruction and disposal of
46 cannabis; requiring designation of an agent-in-charge;
47 providing requirements for such agents; requiring
48 dispensaries to have specified security measures;
49 specifying requirements for such security measures;
50 requiring dispensaries to keep and maintain certain
51 records; specifying recordkeeping requirements;
52 providing for the closure of dispensaries; providing
53 the department with inspection and investigative
54 authority; providing for nondisciplinary citations for
55 minor violations; specifying grounds for disciplinary
56 actions; authorizing temporary suspension of licenses;
57 authorizing consent orders to resolve certain
58 disciplinary complaints; providing for hearings on
59 disciplinary complaints; authorizing the department to
60 issue subpoenas and administer oaths; providing for
61 issuance of adult use cultivation center licenses;
62 providing license requirements; providing for early
63 approval of adult use cultivation center licenses;
64 providing for conditional adult use cultivation center
65 license applications; providing requirements for such
66 centers; providing for scoring of applications;
67 providing for denial of applications under certain
68 circumstances; providing cultivation center
69 requirements and prohibitions; providing for
70 cultivation center agent identification cards;
71 requiring cultivation center agent background checks;
72 providing for renewal of cultivation center licenses
73 and agent identification cards; providing for
74 licensure of craft growers; providing license
75 requirements; providing for applications and scoring;
76 prohibiting issuance of craft grower licenses to
77 specified persons under certain circumstances;
78 providing for denial of applications under certain
79 circumstances; providing requirements and prohibitions
80 for craft growers; providing for craft grower
81 identification cards; requiring background checks;
82 providing for renewal of licenses and identification
83 cards; providing for licensing of infuser
84 organizations; providing license requirements;
85 providing for applications and scoring; providing for
86 denial of applications under certain circumstances;
87 providing infuser organization requirements and
88 prohibitions; providing for infuser organization
89 identification cards; providing requirements for the
90 adequate supply of cannabis-infused products;
91 requiring background checks; providing for renewal of
92 licenses and identification cards; providing for
93 licensing of transporting organizations; providing
94 license requirements; providing for applications and
95 scoring; providing for denial of applications under
96 certain circumstances; providing transporting
97 organization requirements and prohibitions; providing
98 for identification cards; requiring background checks;
99 providing for renewal of licenses and identification
100 cards; providing for cannabis testing facilities;
101 requiring approval of testing facilities; providing
102 requirements for such facilities; requiring certain
103 tests to be performed before manufacturing or natural
104 processing of any cannabis or cannabis-infused product
105 or packaging cannabis for sale to a dispensary;
106 requiring the department to establish certain
107 standards; authorizing the department to adopt rules;
108 authorizing certain enforcement actions by the
109 department; authorizing the Attorney General to
110 enforce certain provisions under the Florida Deceptive
111 and Unfair Trade Practices Act; providing immunity
112 from prosecution or discipline under certain
113 provisions for licensees for engaging in licensed
114 conduct; providing construction; providing standards
115 and requirements for advertising and promotions;
116 providing standards and requirements for packaging and
117 labeling; requiring certain warning labels; providing
118 for certain local zoning ordinances for regulated
119 businesses; providing for nonconflicting local
120 ordinances and rules; authorizing certain local
121 regulation of on-premises cannabis consumption;
122 defining terms; authorizing establishment of
123 restricted cannabis zones; providing a process for
124 local governments to create such zones; providing
125 requirements for such zones; requiring the Attorney
126 General to advocate to quash certain federal
127 subpoenas; authorizing certain scientific and medical
128 researchers to purchase, possess, securely store,
129 administer, and distribute marijuana under certain
130 circumstances and for specified purposes; providing
131 construction; authorizing the department to adopt
132 rules; providing that engaging in certain conduct may
133 not be the basis for certain findings related to good
134 moral character; providing criminal penalties;
135 providing for enforcement of certain tax provisions;
136 providing for search, seizure, and forfeiture of
137 cannabis under certain circumstances; amending s.
138 500.03, F.S.; providing that marijuana establishments
139 that sell food containing marijuana are considered
140 food establishments for the purposes of specified
141 regulations; creating s. 500.105, F.S.; specifying
142 that food products containing marijuana which are
143 prepared in permitted food establishments and sold by
144 licensed retail marijuana stores are not considered
145 adulterated; amending s. 562.13, F.S.; prohibiting
146 licensed marijuana establishments from employing
147 person under 18 years of age; amending s. 569.0073,
148 F.S.; exempting licensed marijuana establishments from
149 specified provisions regulating the sale of pipes and
150 smoking devices; amending s. 893.03, F.S.; removing
151 cannabis from the schedule of controlled substances;
152 amending ss. 893.13 and 893.135, F.S.; providing that
153 conduct authorized under ch. 566, F.S., is not
154 prohibited by specified controlled substance
155 prohibitions; removing restrictions on possession and
156 sale of cannabis; creating s. 893.13501, F.S.;
157 providing for retroactive effect of amendments to ss.
158 893.03, 893.13, and 893.135, F.S., by this act;
159 providing for sentence review for certain offenders;
160 requiring notice to certain offenders; providing
161 procedures for resentencing or release of offenders;
162 providing exceptions; creating s. 943.0586, F.S.;
163 defining terms; authorizing an individual convicted of
164 certain offenses to have his or her criminal history
165 record sealed or petition the court for expunction of
166 his or her criminal history record under certain
167 circumstances; requiring the individual to first
168 obtain a certificate of eligibility from the
169 Department of Law Enforcement; requiring the
170 department to adopt rules establishing the procedures
171 for applying for and issuing such certificates;
172 requiring the department to issue a certificate under
173 certain circumstances; providing for the expiration of
174 and reapplication for the certificate; providing for
175 sealing of certain records upon the department’s
176 determination of eligibility; providing requirements
177 for a petition for expunction; providing criminal
178 penalties; providing for the court’s authority over
179 its own procedures, with an exception; requiring the
180 court to order the expunction of a criminal history
181 record under certain circumstances; providing that
182 expunction of certain criminal history records does
183 not affect eligibility for expunction of other
184 criminal history records; providing procedures for
185 processing expunction petitions and orders; providing
186 that a person granted an expunction may lawfully deny
187 or fail to acknowledge the underlying arrest or
188 conviction, with exceptions; providing that a person
189 may not be deemed to have committed perjury or
190 otherwise held liable for giving a false statement if
191 he or she fails to recite or acknowledge an expunged
192 criminal history record; amending s. 943.0595, F.S.;
193 conforming provisions to changes made by the act;
194 defining terms; requiring the department to establish
195 and administer the Florida College System Cannabis
196 Vocational Pilot Program in coordination with the
197 Board of Education; authorizing the department to
198 issue a specified number of program licenses by a
199 specified date; authorizing Florida College System
200 institutions awarded program licenses to offer a
201 Career in Cannabis Certificate; providing requirements
202 for the certificate; authorizing the department to
203 adopt rules; providing for the issuance of program
204 licenses; providing requirements and prohibitions for
205 program licensees; providing for faculty
206 identification cards; providing enforcement authority
207 to the department; providing for inspections;
208 providing requirements for faculty identification
209 cards; requiring the board to submit a report to the
210 Governor and the Legislature by a specified date;
211 providing requirements for the report; providing for
212 the repeal of the pilot program; amending ss.
213 456.0635, 772.12, 893.055, 893.0551, 893.15, 893.21,
214 921.0022, and 948.20, F.S.; conforming provisions to
215 changes made by the act; providing an effective date.
216
217 Be It Enacted by the Legislature of the State of Florida:
218
219 Section 1. Paragraph (b) of subsection (2) of section
220 20.165, Florida Statutes, is amended to read:
221 20.165 Department of Business and Professional Regulation.
222 There is created a Department of Business and Professional
223 Regulation.
224 (2) The following divisions of the Department of Business
225 and Professional Regulation are established:
226 (b) Division of Alcoholic Beverages, Marijuana, and
227 Tobacco.
228 Section 2. Section 561.025, Florida Statutes, is amended to
229 read:
230 561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
231 Fund.—There is created within the State Treasury the Alcoholic
232 Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
233 by the division under ss. 210.15, 210.40, or under s. 569.003
234 and the Beverage Law with the exception of state funds collected
235 pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
236 the State Treasury to the credit of the trust fund,
237 notwithstanding any other provision of law to the contrary. In
238 addition, funds collected by the division under chapter 566
239 shall be deposited into the trust fund. Moneys deposited to the
240 credit of the trust fund shall be used to operate the division
241 and to provide a proportionate share of the operation of the
242 office of the secretary and the Division of Administration of
243 the Department of Business and Professional Regulation; except
244 that:
245 (1) The revenue transfer provisions of ss. 561.32 and
246 561.342(1) and (2) shall continue in full force and effect, and
247 the division shall cause such revenue to be returned to the
248 municipality or county in the manner provided for in s. 561.32
249 or s. 561.342(1) and (2).; and
250 (2) Ten percent of the revenues derived from retail tobacco
251 products dealer permit fees collected under s. 569.003 shall be
252 transferred to the Department of Education to provide for
253 teacher training and for research and evaluation to reduce and
254 prevent the use of tobacco products by children.
255 Section 3. (1) The Division of Law Revision is directed to
256 prepare a reviser’s bill for the 2022 Regular Session of the
257 Legislature to:
258 (a) Redesignate the Division of Alcoholic Beverages and
259 Tobacco of the Department of Business and Professional
260 Regulation as the “Division of Alcoholic Beverages, Marijuana,
261 and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund
262 as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”
263 respectively, wherever those terms appear in the Florida
264 Statutes.
265 (b) Correct any cross-references in the Florida Statutes
266 that need revision due to the changes made by this act.
267 (2) The Division of Law Revision is directed to substitute
268 the date this act becomes law for the phrase “the effective date
269 of this act” wherever it occurs in the text of this act or any
270 bill adhering to this act.
271 Section 4. Chapter 566, Florida Statutes, consisting of
272 sections 566.011-566.806, is created to read:
273 CHAPTER 566
274 RECREATIONAL MARIJUANA
275 566.011 Definitions.—As used in this chapter, the term:
276 (1) “Adult use cultivation center license” means a license
277 issued by the department which permits a person to act as a
278 cultivation center under this chapter and any rule adopted
279 pursuant thereto.
280 (2) “Adult use dispensing organization license” means a
281 license issued by the department which permits a person to act
282 as a medical marijua