Breaking!!! Adult Use Bill Filed by Carlos Guillermo Smith Full Text

The copy of the bill to make adult use legal in Florida, filed by Representative Carlos Guillermo Smith, in full is below. He recently spoke about this bill being modeled after Regulate Florida on The Marijuana Solution Podcast. Listen HERE.

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1.   A bill to be entitled
2. An act relating to adult use marijuana legalization;
3. amending s. 20.165, F.S.; renaming the Division of
4. Alcoholic Beverages and Tobacco of the Department of
5. Business and Professional Regulation; amending s.
6. 561.025, F.S.; renaming the Alcoholic Beverage and
7. Tobacco Trust Fund; specifying distribution of funds;
8. providing a directive to the Division of Law Revision;
9. creating chapter 566, F.S., relating to recreational
10. marijuana; providing definitions; exempting certain
11. activities involving marijuana from use and possession
12. offenses; authorizing persons age 21 and over to
13. engage in certain activities involving personal use of
14. marijuana in limited amounts; providing limits on
15. where persons may engage in specified activities;
16. prohibiting the use of false identification by persons
17. under 21 years of age for specified activities
18. relating to recreational marijuana; providing
19. noncriminal penalties; providing for alternative
20. sentencing; providing for licensure of marijuana
21. establishments that may engage in the manufacture,
22. possession, or purchase of marijuana, marijuana
23. products, and marijuana accessories or sell marijuana,
24. marijuana products, or marijuana accessories to a
25. consumer; specifying duties of the Division of

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1.   Alcoholic Beverages, Marijuana, and Tobacco; providing
2. for enforcement of regulatory provisions; authorizing
3. agreements with other entities for certain enforcement
4. activities; requiring an annual report; providing for
5. licensing of marijuana establishments; providing for a
6. licensing process; providing limits on the number of
7. retail marijuana stores in localities based on
8. population; providing standards for prospective
9. licensees; providing restrictions on the location of
10. marijuana establishments; prohibiting certain
11. activities by marijuana establishments; providing
12. procedures when a marijuana establishment’s license
13. expires; authorizing localities to prohibit one or
14. more types of marijuana establishments through local
15. ordinance; providing for submission of applications to
16. localities if the division has not issued
17. establishment licenses by a specified date; specifying
18. duties of the Attorney General concerning federal
19. subpoenas; providing an exemption from specified
20. provisions for marijuana research; specifying that the
21. chapter does not apply to employer drug policies or
22. operating under the influence laws; specifying that
23. the chapter does not allow persons under 21 years of
24. age to engage in activities permitted therein;
25. providing that the rights of property owners are not

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1.   affected; authorizing rulemaking; specifying that
2. conduct allowed by the chapter may not be considered
3. the basis for the finding of a lack of good moral
4. character as that term is used in law; providing for
5. emergency rulemaking; amending s. 500.03, F.S.;
6. providing that marijuana establishments that sell food
7. containing marijuana are considered food service
8. establishments for the purposes of specified
9. regulations; creating s. 500.105, F.S.; specifying
10. that food products containing marijuana that are
11. prepared in permitted food establishments and sold by
12. licensed retail marijuana stores are not considered
13. adulterated; amending s. 562.13, F.S.; providing that
14. it is unlawful for marijuana establishments to employ
15. persons under 18 years of age; amending s. 569.0073,
16. F.S.; exempting licensed marijuana establishments from
17. specified provisions regulating the sale of pipes and
18. smoking devices; amending ss. 893.13 and 893.135,
19. F.S.; providing that conduct authorized under chapter
20. 566, F.S., is not prohibited by specified controlled
21. substance prohibitions; providing a contingent
22. effective date. 73

74 Be It Enacted by the Legislature of the State of Florida: 75

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1.   Section 1. Paragraph (b) of subsection (2) of section
2. 20.165, Florida Statutes, is amended to read:
3. 20.165 Department of Business and Professional
4. Regulation.—There is created a Department of Business and
5. Professional Regulation.
6. (2) The following divisions of the Department of Business
7. and Professional Regulation are established:
8. (b) Division of Alcoholic Beverages, Marijuana, and
9. Tobacco.
10. Section 2. Section 561.025, Florida Statutes, is amended
11. to read:
12. 561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
13. Fund.—There is created within the State Treasury the Alcoholic
14. Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
15. by the division under ss. 210.15, 210.40, or under s. 569.003
16. and the Beverage Law with the exception of state funds collected
17. pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
18. the State Treasury to the credit of the trust fund,
19. notwithstanding any other provision of law to the contrary. In
20. addition, funds collected by the division under chapter 566
21. shall be deposited into the trust fund, except that funds from
22. the excise tax in s. 566.012 shall be distributed as provided in
23. s. 566.013. Moneys deposited to the credit of the trust fund
24. shall be used to operate the division and to provide a
25. proportionate share of the operation of the office of the

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101 102 103 104 105 106 107 108 109 110	secretary and the Division of Administration of the Department of Business and Professional Regulation; except that: The revenue transfer provisions of ss. 561.32 and 561.342(1) and (2) shall continue in full force and effect, and the division shall cause such revenue to be returned to the municipality or county in the manner provided for in s. 561.32 or s. 561.342(1) and (2).; and Ten percent of the revenues derived from retail tobacco products dealer permit fees collected under s. 569.003 shall be transferred to the Department of Education to provide
111	for	teacher training and for research and evaluation to reduce
112	and	prevent the use of tobacco products by children.
113		(3) Until January 1, 2028, an amount equal to 5 percent of
114 115 116 117 118 119 120 121 122 123 124 125	the revenues received by the division during the previous month pursuant to the tax imposed by s. 566.012 shall be transferred to the Department of Health to be used to provide grants for the purpose of producing peer-reviewed research on marijuana’s beneficial uses and safety. Section 3. The Division of Law Revision is directed to prepare a reviser’s bill for the 2020 Regular Session of the Legislature to redesignate the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation as the “Division of Alcoholic Beverages, Marijuana, and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”

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126	respectively, wherever those terms appear in the Florida
127	Statutes.
128	Section 4. Chapter 566, Florida Statutes, consisting of
129	ss. 566.011-566.042, is created to read:
130	CHAPTER 566
131	RECREATIONAL MARIJUANA
132	PART I
133	EXCISE TAX
134	566.011 Definitions.—As used in this part, the term:
135	(1) “Department” means the Department of Business and
136	Professional Regulation.
137	(2) “Division” means the Division of Alcoholic Beverages,
138	Marijuana, and Tobacco of the department.
139	(3) “Marijuana” means all parts of the plant of the genus
140	cannabis, whether growing or not, the seeds thereof, the resin
141	extracted from any part of the plant, and every compound,
142	manufacture, salt, derivative, mixture, or preparation of the
143	plant, its seeds, or its resin, including marijuana concentrate.
144	The term does not include industrial hemp, fiber produced from
145	the stalks, oil, cake made from the seeds of the plant,
146	sterilized seed of the plant that is incapable of germination,
147	or the weight of any ingredient combined with marijuana to
148	prepare topical or oral administrations, food, drink, or any
149	other product.
150	(4) “Marijuana cultivation facility” means an entity

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1.   licensed to cultivate, prepare, and package and sell marijuana
2. to retail marijuana stores, to marijuana product manufacturing
3. facilities, and to other marijuana cultivation facilities, but
4. not to consumers.
5. (5) “Marijuana establishment” means a marijuana
6. cultivation facility, marijuana testing facility, marijuana
7. product manufacturing facility, or retail marijuana store.
8. (6) “Marijuana product manufacturing facility” means an
9. entity licensed to:
10. (a) Purchase marijuana.
11. (b) Manufacture, prepare, and package marijuana products.
12. (c) Sell marijuana and marijuana products to other
13. marijuana product manufacturing facilities and to retail
14. marijuana stores, but not to consumers.
15. (7) “Marijuana products” means concentrated marijuana and
16. products that consist of marijuana and other ingredients and are
17. intended for use or consumption, including, but not limited to,
18. edible products, ointments, and tinctures.
19. (8) “Marijuana testing facility” means an entity licensed
20. to analyze and certify the safety and potency of marijuana.
21. (9) “Retail marijuana store” means an entity licensed to
22. purchase marijuana from a marijuana cultivation facility and
23. marijuana products from a marijuana product manufacturing
24. facility and to sell marijuana and marijuana products to
25. consumers.

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176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191	Distribution of revenues.—Revenues derived from the tax imposed by this part must be credited to the General Revenue Fund. On or before the last day of each month, the Chief Financial Officer shall transfer 15 percent of the revenue received by the division during the preceding month pursuant to the tax imposed by s. 566.012 to the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund established under s. 561.025. On or before the last day of each month, the Chief Financial Officer shall transfer the remainder of the revenues to the General Revenue Fund. Annual report.—The division shall report annually beginning January 30, 2021, the amount of tax revenue collected pursuant to s. 566.012 and the amount distributed pursuant to s. 561.025(3) to the appropriations committees of each house of the Legislature. PART II
192	MARIJUANA REGULATION
193	566.031 Definitions.—As used in this part, the term:
194 195 196 197 198 199 200	“Consumer” means a person 21 years of age or older who purchases marijuana or marijuana products for personal use by persons 21 years of age or older, but not for resale to others. “Department” has the same meaning as provided in s. 566.011. “Division” has the same meaning as provided in s. 566.011.

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1.   (4) “Licensee” means any individual, partnership,
2. corporation, firm, association, or other legal entity holding a
3. marijuana establishment license within the state.
4. (5) “Locality” means a municipality or, in reference to a
5. location in the unorganized territory, the county in which that
6. locality is located.
7. (6) “Marijuana” has the same meaning as provided in s. 208 566.011.

1. (7) “Marijuana accessories” means equipment, products, or
2. materials of any kind that are used, intended, or designed for
3. use in planting, propagating, cultivating, growing, harvesting,
4. composting, manufacturing, compounding, converting, producing,
5. processing, preparing, testing, analyzing, packaging,
6. repackaging, storing, vaporizing, or containing marijuana or for
7. ingesting, inhaling, or otherwise introducing marijuana into the
8. human body.
9. (8) “Marijuana cultivation facility” has the same meaning
10. as provided in s. 566.011.
11. (9) “Marijuana establishment” has the same meaning as
12. provided in s. 566.011.
13. (10) “Marijuana product manufacturing facility” has the
14. same meaning as provided in s. 566.011.
15. (11) “Marijuana testing facility” means an entity licensed
16. to analyze and certify the safety and potency of marijuana.
17. (12) “Minor” means a person under 21 years of age.

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226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246	“Retail marijuana store” has the same meaning as provided in s. 566.011. “Seedling” means a marijuana plant that has no flowers, is less than 12 inches in height, and is less than 12 inches in diameter. 566.032 Exemption from criminal and noncriminal penalties, seizure, or forfeiture.—Notwithstanding chapter 893 or any other provision of law, and except as provided in this part, the actions specified in this part are legal under the laws of this state and do not constitute a civil or criminal offense under the laws of this state or the law of any political subdivision within this state or serve as a basis for seizure or forfeiture of assets under state law. 566.0311 False identification.— A minor may not present or offer to a marijuana establishment or the marijuana establishment’s agent or employee any written or oral evidence of age that is false, fraudulent, or not actually the minor’s own for the purpose of: Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure marijuana; or Gaining access to marijuana.
247	(2)(a) A minor who violates subsection (1) commits:
248 249 250	For a first offense, a noncriminal violation subject to a civil penalty of at least $200 and not more than $400. For a second offense, a noncriminal violation subject

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1.   to a civil penalty of at least $300 and not more than $600,
2. which may only be suspended as provided in paragraph (b).
3. 3. For a third or subsequent offense, a noncriminal
4. violation subject to a civil penalty of $600, which may only be
5. suspended as provided in paragraph (b). 256

1. When a minor is adjudged to have committed a first offense under
2. subsection (1), the judge shall inform that minor that the
3. noncriminal penalties for the second and subsequent offenses are
4. mandatory and may only be suspended as provided in paragraph
5. (b). Failure to inform the minor that subsequent noncriminal
6. penalties are mandatory is not a ground for suspension of any
7. subsequent civil penalty.
8. (b) A judge, as an alternative to or in addition to the
9. noncriminal penalties specified in paragraph (a), may assign the
10. minor to perform specified work for the benefit of the state,
11. the municipality, or other public entity or a charitable
12. institution for no more than 40 hours for each violation.

269	566.033 Personal use of marijuana.—
270	(1) A person who is 21 years of age or older may:
271 272 273 274 275	Use, possess, and transport marijuana accessories and up to 2.5 ounces of marijuana. Transfer or furnish, without remuneration, up to 2.5 ounces of marijuana and up to 6 seedlings to a person who is 21 years of age or older.

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1.   (c) Possess, grow, cultivate, process, and transport up to
2. 6 marijuana plants, including seedlings, and possess the
3. marijuana produced by the marijuana plants on the premises where
4. the plants were grown.
5. (d) Purchase up to 2.5 ounces of marijuana, up to 6
6. seedlings, and marijuana accessories from a retail marijuana
7. store.
8. (2) The following apply to the cultivation of marijuana
9. for personal use by a person who is 21 years of age or older:
10. (a) A person may cultivate up to 6 marijuana plants,
11. including seedlings, at that person’s place of residence, on
12. property owned by that person, or on another person’s property
13. with permission of the owner of the other property.
14. (b) A person who elects to cultivate marijuana shall take
15. reasonable precautions to ensure the plants are secure from
16. unauthorized access or access by a person under 21 years of age.
17. Reasonable precautions include, but are not limited to,
18. cultivating marijuana in a fully enclosed secure outdoor area,
19. locked closet, or locked room inaccessible to persons under 21
20. years of age.
21. (3) A person may smoke or ingest marijuana in a nonpublic
22. place, including, but not limited to, a private residence.
23. (a) This subsection does not permit a person to consume
24. marijuana in a manner that endangers others.
25. (b) The prohibitions and limitations on smoking tobacco

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1.   products in specified areas in part II of chapter 386 apply to
2. marijuana.
3. (c) A person who smokes marijuana in a public place other
4. than as governed by part II of chapter 386 commits a noncriminal
5. violation subject to a civil penalty of $100.
6. 566.034 Marijuana establishments.—
7. (1) A marijuana establishment may engage in the
8. manufacture, possession, and purchase of marijuana, marijuana
9. products, and marijuana accessories and sell marijuana,
10. marijuana products, and marijuana accessories to a consumer as
11. described in this subsection.
12. (a) A retail marijuana store may:
13. 1. Possess, display, and transport marijuana, marijuana
14. products, or marijuana accessories.
15. 2. Purchase marijuana from a marijuana cultivation
16. facility.
17. 3. Purchase marijuana and marijuana products from a
18. marijuana product manufacturing facility.
19. 4. Sell marijuana, marijuana products, and marijuana
20. accessories to consumers.
21. (b) A marijuana cultivation facility may:
22. 1. Cultivate, harvest, process, package, transport,
23. display, and possess marijuana.
24. 2. Deliver or transfer marijuana to a marijuana testing
25. facility.

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1.   3. Sell marijuana to another marijuana cultivation
2. facility, a marijuana product manufacturing facility, or a
3. retail marijuana store.
4. 4. Purchase marijuana from another marijuana cultivation
5. facility.
6. (c) A marijuana product manufacturing facility may:
7. 1. Package, process, transport, manufacture, display, and
8. possess marijuana or marijuana products.
9. 2. Deliver or transfer marijuana or marijuana products to
10. a marijuana testing facility.
11. 3. Sell marijuana and marijuana products to a retail
12. marijuana store or marijuana product manufacturing facility.
13. 4. Purchase marijuana from a marijuana cultivation
14. facility.
15. 5. Purchase marijuana and marijuana products from a
16. marijuana product manufacturing facility.
17. (d) A marijuana testing facility may possess, cultivate,
18. process, repackage, store, transport, display, transfer, and
19. deliver marijuana or marijuana products. 345

1. A marijuana establishment may lease or otherwise allow the use
2. of property owned, occupied, or controlled by a person,
3. corporation, or other entity for any of the activities conducted
4. lawfully in accordance with this subsection.
5. (2) This section does not prevent the imposition of

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1.   penalties for violating this chapter or state or local rules
2. adopted pursuant to this chapter.
3. 566.035 Duties of the division.—The division shall:
4. (1) Enforce the laws and rules relating to the
5. manufacturing, processing, labeling, storing, transporting,
6. testing, and selling of marijuana by marijuana establishments
7. and administer those laws relating to licensing and the
8. collection of taxes.
9. (2) Adopt rules consistent with this chapter for the
10. administration and enforcement of laws regulating and licensing
11. marijuana establishments.
12. (3) If determined necessary by the division, enter into a
13. memorandum of understanding with the Department of Law
14. Enforcement, a county sheriff, or other state or municipal law
15. enforcement agency to perform inspections of marijuana
16. establishments.
17. (4) Issue marijuana cultivation facility, marijuana
18. testing facility, marijuana product manufacturing facility, and
19. retail marijuana store licenses.
20. (5) Prevent the sale of marijuana by licensees to minors
21. and intoxicated persons.
22. (6) Ensure that licensees have access to the provisions of
23. this chapter and other laws and rules governing marijuana in
24. accordance with this section.
25. (7) Post on the department’s publicly accessible website

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1.   this chapter and all rules adopted under this chapter. The
2. division shall notify all licensees of changes in the law and
3. rules through a publicly accessible website posting within 90
4. days after adjournment of each session of the Legislature. The
5. division shall update the posting on the department’s publicly
6. accessible website to reflect new laws and rules before the
7. effective date of the laws and rules.
8. (8) Certify monthly to the Chief Financial Officer a
9. complete statement of revenues and expenses for licenses issued
10. and for revenues collected by the division and submit an annual
11. report that includes a complete statement of the revenues and
12. expenses for the division to the Governor, the Speaker of the
13. House of Representatives, and the President of the Senate.
14. (9) Suspend or revoke the license of a licensee in
15. accordance with rules adopted by the division. A marijuana
16. establishment with a license that is suspended or revoked
17. pursuant to this subsection may:
18. (a) Continue to possess marijuana during the time its
19. license is suspended, but may not dispense, transfer, or sell
20. marijuana. If the marijuana establishment is a marijuana
21. cultivation facility, it may continue to cultivate marijuana
22. plants during the time its license is suspended. Marijuana may
23. not be removed from the licensed premises except as authorized
24. by the division and only for the purpose of destruction.
25. (b) Possess marijuana for up to 7 days after revocation of

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1.   its license, during which time the marijuana establishment shall
2. dispose of its inventory of marijuana in accordance with
3. division rules.
4. (10) Beginning January 15, 2020, and annually thereafter,
5. report to the committees of each house of the Legislature having
6. jurisdiction over marijuana regulation. The report must include,
7. but is not limited to, all rules adopted by the division and
8. statistics regarding the number of marijuana establishment
9. applications received, and licensed and the licensing fees
10. collected within the previous year.
11. 566.036 Licensing of marijuana establishments.—
12. (1) An applicant for a marijuana establishment license
13. shall file an application in the form required by the division
14. for the type of marijuana establishment license sought. An
15. applicant may apply for and be granted more than one type of
16. marijuana establishment license, except that a person licensed
17. as a marijuana testing facility may not hold another marijuana
18. establishment license. The division shall begin accepting and
19. processing applications by August 1, 2020.
20. (2) Upon receiving an application for a marijuana
21. establishment license, the division shall immediately forward a
22. copy of the application and 50 percent of the license
23. application fee to the locality in which the applicant desires
24. to operate.
25. (3) The division shall issue or renew a license to operate

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1.   a marijuana establishment to an applicant who meets the
2. requirements of the division as set forth in rule and in
3. subsection (9) within 90 days after the date of receipt of the
4. application unless:
5. (a) The division finds the applicant is not in compliance
6. with this section or rules adopted by the division;
7. (b) The division is notified by the relevant locality that
8. the applicant is not in compliance with an ordinance, rule, or
9. regulation in effect at the time of application; or
10. (c) The number of marijuana establishments allowed in the
11. locality has been limited under s. 566.037 or is limited by
12. subsection (5) and the division has already licensed the maximum
13. number of marijuana establishments allowed in the locality for
14. the category of license that is sought.
15. (4) The following shall control when more than one
16. application is received by the division for establishment of a
17. marijuana establishment in the same locality:
18. (a) If a greater number of applications are received from
19. qualified applicants to operate a marijuana establishment in a
20. locality than are allowed under the limits enacted by the
21. locality under s. 566.037 or subsection (5), the division shall
22. solicit and consider input from the locality regarding the
23. locality’s preference or preferences for licensure. Within 90
24. days after the date that the first application is received, the
25. division shall issue the maximum number of applicable licenses

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1.   for each type of marijuana establishment license application
2. received.
3. (b) In a competitive application process to determine
4. which applicants will receive licenses, the division shall give
5. preference to an applicant who has at least 1 year of previous
6. experience in operating another business in this state in
7. compliance with state law.
8. (c) The division may not grant a license to a licensee who
9. has already received a license to operate the same type of
10. marijuana establishment if doing so would prevent another
11. qualified applicant from receiving a license.
12. (5) Unless the locality has prohibited retail marijuana
13. stores or has enacted a lower limit on the number of retail
14. marijuana stores, the division shall license no more than:
15. (a) One retail marijuana store per each 5,000 persons in a
16. locality with a population over 20,000.
17. (b) Two retail marijuana stores in a locality with a
18. population of at least 5,001 but less than 20,000.
19. (c) One retail marijuana store in a locality with a
20. population of at least 2,000 but less than 5,001. 471

1. The division may license one retail marijuana store in a
2. locality where the population is less than 2,000 if the locality
3. has not prohibited retail marijuana stores. The division may
4. grant a locality’s request to allow additional marijuana stores.

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1.   The division may consider the impact of seasonal population or
2. tourism and other related information provided by the locality
3. requesting an additional marijuana establishment location.
4. (6) Upon denial of an application, the division shall
5. notify the applicant in writing of the specific reason for the
6. denial.
7. (7) All licenses under this part are valid for 1 year
8. after the date of issuance.
9. (8) A prospective licensee as a marijuana establishment:
10. (a) May not have been convicted of a disqualifying drug
11. offense. For purposes of this section, “disqualifying drug
12. offense” means a conviction for a violation of a state or
13. federal controlled substance law that is a crime punishable by
14. imprisonment for 1 year or more. It does not include an offense
15. for which the sentence, including any term of probation,
16. incarceration, or supervised release, was completed 10 or more
17. years before application for licensure or an offense that
18. consisted of conduct that would be permitted under this part.
19. (b) May not have had a previous license revoked for a
20. marijuana establishment.
21. (c) If the applicant is a corporation, may not be issued a
22. license if any of the principal officers of the corporation
23. would be personally ineligible under paragraph (a) or paragraph 499 (b).
24. (9) A marijuana establishment:

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1.   (a) May not be located within 500 feet of the property
2. line of a preexisting public or private school. The distance
3. must be measured from the main entrance of the marijuana
4. establishment to the main entrance of the school by the ordinary
5. course of travel.
6. (b) Shall implement appropriate security measures,
7. consistent with rules issued by the division, which are designed
8. to prevent:
9. 1. Unauthorized entrance into areas containing marijuana.
10. 2. The theft of marijuana located on the premises or in
11. transit to or from the premises by the licensee.
12. 3. Tampering with or adulteration of the marijuana
13. products.
14. 4. Unauthorized access to marijuana or marijuana
15. accessories.
16. 5. Access to marijuana by or sales of marijuana to minors.
17. (c) Shall prepare and maintain documents that include
18. procedures for the oversight of all aspects of operations and
19. procedures to ensure accurate recordkeeping.
20. (d) Shall make available for inspection its license at the
21. premises to which that license applies. A licensee may not
22. refuse a representative of the division the right at any time to
23. inspect the entire licensed premises or to audit the books and
24. records of the licensee.
25. (e) May not sell marijuana to a person under 21 years of

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1.   age or to a visibly intoxicated person.
2. (f) If the licensee is a retail marijuana store, it may
3. not allow a minor to enter or remain on the premises unless the
4. minor is an employee of the division, a law enforcement officer,
5. emergency personnel, or a contractor performing work on the
6. facility that is not directly related to marijuana, such as
7. installing or maintaining security devices or performing
8. electrical wiring.
9. (g) May not sell marijuana between the hours of 1 a.m. and

535 6 a.m.

1. (h) May not employ as a manager or leave in charge of the
2. licensed premises any person who, by reason of conviction for a
3. disqualifying drug offense or because of a revocation of that
4. person’s marijuana establishment license, is not eligible for a
5. marijuana establishment license.
6. (i) If a retail marijuana store, may not offer any free
7. merchandise, a rebate, or a gift to a consumer.
8. (j) If a retail marijuana store, may only sell or furnish
9. marijuana to a consumer from the premises licensed by the
10. department. A retail marijuana store may not, either directly or
11. indirectly, by any agent or employee, travel from locality to
12. locality, or from place to place within the same locality,
13. selling, bartering, carrying for sale, or exposing for sale
14. marijuana from a vehicle.
15. (10) A person who intentionally provides false information

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1.   on an application for a marijuana establishment license violates 552 s. 837.06.

1. (11) When a licensee’s license expires:
2. (a) A licensee who unintentionally fails to renew a
3. license upon its expiration date and continues to engage in
4. activities allowed by s. 566.034 may not be charged with illegal
5. sales for a period of 7 days after the expiration date. A
6. licensee who continues to make sales of marijuana after having
7. been properly notified of the expired license may be charged
8. with illegally selling marijuana.
9. (b) At least 30 days before expiration of a licensee’s
10. license issued under this part, the division shall notify the
11. licensee by the most expedient means available:
12. 1. That the licensee’s license is scheduled to expire.
13. 2. The date of expiration.
14. 3. That all sales of marijuana must be suspended after the
15. date of expiration and remain suspended until the license is
16. properly renewed. 569

1. Failure by the division to notify a licensee pursuant to this
2. paragraph does not excuse a licensee from being charged with a
3. violation of this part.
4. 566.037 Local control.—
5. (1) A locality may prohibit the operation of one or more
6. types of marijuana establishments through the enactment of an

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1.   ordinance.
2. (2) If a locality does not prohibit the operation of a
3. marijuana establishment pursuant to subsection (1), the
4. following apply:
5. (a) No later than September 1, 2020, a locality may enact
6. an ordinance or regulation specifying the entity within the
7. locality that is responsible for processing applications
8. submitted for a licensee to operate a marijuana establishment
9. within the boundaries of the locality. The locality may provide
10. that the entity may issue such licenses if issuance by the
11. locality becomes necessary because of a failure by the division
12. to adopt rules pursuant to s. 566.035 or because of a failure by
13. the division to process and issue licenses as required by s. 589 566.036.

1. (b) A locality may enact ordinances, rules, or regulations
2. pursuant to this paragraph as long as those ordinances, rules,
3. or regulations do not conflict with this section or with rules
4. issued pursuant to s. 566.035. The ordinances may:
5. 1. Govern the time, place, and manner of operations and
6. number of marijuana establishments.
7. 2. Establish procedures for the issuance, suspension, and
8. revocation of a license issued by the locality in accordance
9. with paragraph (c) or paragraph (d).
10. 3. Establish a schedule of annual operating, licensing, 600 and application fees for a marijuana establishment. This

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601 subparagraph applies only if the application fee or licensing 602 fee is submitted to a locality in accordance with paragraph (c) 603 or (d).

604 4. Establish noncriminal penalties for violation of an 605 ordinance, rule, or regulation governing the time, place, and 606 manner that a marijuana establishment may operate in that  607 locality.

608 (c) If the division does not begin issuing licenses by

609 January 1, 2021, an applicant may submit an application directly 610 to the locality in which it wants to operate. A locality that 611 receives an application pursuant to this paragraph shall issue a 612 license to an applicant within 90 days after receipt of the

613 application unless the locality finds, and notifies the 614 applicant, that the applicant is not in compliance with an

615 ordinance, rule, or regulation made pursuant to s. 566.035 or 616 paragraph (b) in effect at the time of application. The locality 617 shall notify the division if the locality issues an annual

618 license to the applicant.

619 (d) If the division does not issue a license to an

620 applicant within 90 days after receipt of the application filed 621 in accordance with s. 566.036 and does not notify the applicant 622 of the specific reason for denial, in writing and within 90 days 623 after receipt of the application, the applicant may resubmit its 624 application directly to the locality and the locality may issue 625 an annual license to the applicant. A locality issuing a license

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626 to an applicant shall do so within 90 days after receipt of the 627 resubmitted application unless the locality finds, and notifies 628 the applicant, that the applicant is not in compliance with an 629 ordinance, rule, or regulation made under s. 566.035 or

630 paragraph (b) in effect at the time the application is  631 resubmitted. The locality shall notify the division if the 632 locality issues an annual license to the applicant. If an

633 application is submitted to a locality under this paragraph, the 634 division shall forward to the locality the application fee paid 635 by the applicant to the division upon request by the locality.

636 (e) A license issued by a locality in accordance with  637 paragraph (c) or paragraph (d) has the same effect as a license 638 issued by the division in accordance with s. 566.036 and the 639 holder of that license is not subject to regulation or

640 enforcement by the division during the term of that license. A 641 subsequent or renewed license may be issued under this paragraph 642 on an annual basis if the division has not adopted rules

643 required by s. 566.035 at least 90 days before the date upon 644 which such subsequent or renewed license would be effective, or 645 if the division has adopted rules pursuant to 566.041 but has 646 not, at least 90 days after the adoption of those rules, issued 647 any marijuana establishment licenses pursuant to s. 566.036.

648 566.038 Defense of state law.—The Attorney General shall 649 to the best of the abilities of the office and in good faith 650 advocate to quash any federal subpoena for records involving

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651 marijuana establishments.

652 566.039 Research.—Notwithstanding the provisions of this 653 part regulating the distribution of marijuana, a scientific or 654 medical researcher who has previously published peer-reviewed 655 research may purchase, possess, and securely store marijuana for 656 purposes of conducting research. A scientific or medical

657 researcher may administer and distribute marijuana to a

658 participant in research who is at least 21 years of age after 659 receiving informed consent from that participant.

660 566.040 Construction.—

661 (1) EMPLOYMENT POLICIES.—This chapter does not require an 662 employer to permit or accommodate the use, consumption,

663 possession, transfer, display, transportation, sale, or growing 664 of marijuana in the workplace or to affect the ability of

665 employers to have policies restricting the use of marijuana by 666 their employees.

667 (2) OPERATING UNDER THE INFLUENCE.—This chapter does not 668 exempt a person from the laws prohibiting operating any motor 669 vehicle or off-highway vehicle within this state under the

670 influence of alcoholic beverages or controlled substances under 671 chapter 316 or chapter 327.

672 (3) TRANSFER TO MINOR.—This chapter does not permit the 673 transfer of marijuana, with or without remuneration, to a minor 674 or to allow a minor to purchase, possess, use, transport, grow, 675 or consume marijuana.

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676 (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not 677 prohibit a person, an employer, a school, a hospital, a

678 detention facility, a corporation, or other entity that

679 occupies, owns, or controls real property from prohibiting or 680 otherwise regulating the possession, consumption, use, display, 681 transfer, distribution, sale, transportation, or growing of

682 marijuana on or in that real property.

683 (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter

684 does not apply to the compassionate use of low-THC cannabis 685 under s. 381.986.

686 566.041 Rulemaking.—The division shall adopt any rules 687 necessary to administer and enforce the provisions of this 688 chapter.

689    566.042  Good moral character.—Engaging in conduct allowed 690 by this chapter may not be the basis for a finding of a lack of 691 good moral character as that term is used in the Florida

692 Statutes.

693    Section 5.  Section 566.037, Florida Statues, as created by 694 this act, which relates to local control, shall take effect upon 695 this act becoming a law.

696 Section 6. Rulemaking.—This section shall take effect upon 697 this act becoming a law.

698 (1) By June 1, 2020, the Division of Alcoholic Beverages, 699 Marijuana, and Tobacco of the Department of Business and

700 Professional Regulation shall adopt emergency rules for the

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701 administration and the enforcement of laws regulating and 702 licensing marijuana establishments pursuant to part II of 703 chapter 566, Florida Statutes, as created by this act. These 704 rules must be developed by the division and may not be

705 contracted out to an entity outside the division. These rules 706 may not prohibit the operation of marijuana establishments,

707 either expressly or through restrictions that make the operation 708 of marijuana establishments unreasonably impracticable. The

709 emergency rules shall remain in effect for 6 months after

710 adoption and may be renewed during the pendency of procedures to 711 adopt rules addressing the subject of the emergency rules. As 712 used in this section, “unreasonably impracticable” means that 713 the measures necessary to comply with the rules require such a 714 high investment of risk, money, time, or other resource or asset 715 that the operation of a marijuana establishment is not worthy of 716 being carried out in practice by a reasonably prudent

717 businessperson.

718 (2) Rules adopted pursuant to this section must include: 719 (a) Provisions for administering and enforcing part II of 720 chapter 566, Florida Statutes, including oversight requirements 721 and noncriminal penalties for violations.

722 (b) The form and content of applications for each type of 723 marijuana establishment license, registration renewal forms, and 724 associated licensing and renewal fee schedules, except that an 725 application, licensing, or renewal fee may not exceed $5,000.

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726    (c)  Procedures allowing an applicant who has been denied a 727 license due to failure to meet the requirements for licensing to 728 correct the reason for failure.

729 (d) Procedures and timelines for background checks and 730 appeals.

731 (e) Rules governing the transfer of a license, which must 732 be substantially the same as rules governing the transfer of a 733 beverage license under chapter 561, Florida Statutes.

734 (f) Minimum standards for employment, including

735 requirements for background checks, restrictions against hiring 736 persons under 21 years of age, and safeguards to protect against 737 unauthorized employee access to marijuana.

738 (g) Minimum recordkeeping requirements, including the 739 recording of the disposal of marijuana that is not sold. Rules

740 developed pursuant to this subsection may not require a consumer 741 to provide a retail marijuana store with personal information 742 other than government-issued identification to determine the  743 consumer’s age or require the retail marijuana store to acquire 744 and record personal information about its consumers.

745 (h) Health and safety rules and standards for the 746 manufacture of marijuana products and the cultivation of 747 marijuana.

748 (i) Labeling requirements for marijuana and marijuana 749 products sold or distributed by a marijuana establishment.

750 (j) Restrictions on the advertising, signage, and display

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751 of marijuana and marijuana products.

752 (k) Minimum security requirements, including standards to 753 reasonably protect against unauthorized access to marijuana at 754 all stages of the licensee’s possession, transportation,

755 storage, and cultivation of marijuana. Such security 756 requirements may not prohibit outdoor cultivation in an 757 enclosed, secured space.

758 (l) Procedures for enforcing s. 566.036(9) and (10), 759 Florida Statutes, including noncriminal penalties for

760 violations, procedures for suspending or terminating the license 761 of a licensee who violates licensing provisions or the rules

762 adopted pursuant to this section, and procedures for appeals of 763 penalties or licensing actions.

764 (m) Any other oversight requirements that the division 765 determines are necessary to administer the laws relating to 766 licensing marijuana establishments.

767 (3) Rules adopted pursuant to this section may not

768 prohibit a locality, as defined in s. 566.031, Florida Statutes, 769 from limiting the number of each type of licensee who may

770 operate in the locality or from enacting reasonable regulations 771 applicable to licensees.

772 Section 7. Paragraph (p) of subsection (1) of section 773 500.03, Florida Statutes, is amended to read:

774 500.03 Definitions; construction; applicability.— 775 (1) For the purpose of this chapter, the term:

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776 777	(p) “Food establishment” means a factory, food outlet, or other facility manufacturing, processing, packing, holding, or
778	preparing food or selling food	at wholesale or retail. The term
779	does not include a business or	activity that is regulated under
780	s. 413.051, s. 500.80, chapter	509, or chapter 601. The term
781 782 783 784 785	includes a retail marijuana store that sells food containing marijuana pursuant to chapter 566. The term includes tomato packinghouses and repackers but does not include any other establishments that pack fruits and vegetables in their raw or natural states, including those fruits or vegetables that are
786	washed, colored,	or otherwise treated in their unpeeled, natural
787	form before they	are marketed.
788	Section 8.	Section 500.105, Florida Statutes, is created
789	to read:
790 791 792 793 794 795 796 797 798 799 800	500.105 Retail marijuana store food products containing marijuana.—Food products containing marijuana that are prepared in a food establishment that holds a permit under s. 500.12, if required, and that are sold by a retail marijuana store licensed under chapter 566 are not considered adulterated under this chapter due to the presence of marijuana. Section 9. Subsection (1) of section 562.13, Florida Statutes, is amended to read: 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions.— (1) Unless otherwise provided in this section, it is

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801 unlawful for any vendor licensed under the Beverage Law or a 802 licensee under chapter 566 to employ any person under 18 years 803 of age.

804 Section 10. Subsection (1) of section 569.0073, Florida 805 Statutes, is amended to read:

806	569.0073 Special provisions; smoking pipes	and smoking
807	devices.—
808	(1) It is unlawful for any person to offer	for sale at
809	retail any of the items listed in subsection (2)	unless such
810	person:
811 812	(a) Has a retail tobacco products dealer permit under s. 569.003 or is a marijuana establishment licensed under s.
813	566.036. The provisions of this chapter	apply to any person that
814	offers for retail sale any of the items	listed in subsection
815	(2); and
816	(b)1. Derives at least 75 percent	of its annual gross
817 818 819 820 821 822 823 824 825	revenues from the retail sale of cigarettes, cigars, and other tobacco products or marijuana products sold in compliance with chapter 566; or 2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2). Section 11. Subsection (10) of section 893.13, Florida Statutes, is renumbered as subsection (11), and a new subsection (10) is added to that section, to read:

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826	893.13 Prohibited acts; penalties.—
827	(10) Subsections (1)-(8) are not applicable to conduct
828	authorized under chapter 566.
829	Section 12. Subsection (1) of section 893.135, Florida
830	Statutes, is amended to read:
831	893.135 Trafficking; mandatory sentences; suspension or
832	reduction of sentences; conspiracy to engage in trafficking.—
833	(1) Except as authorized in this chapter, or in chapter
834	499, or chapter 566 and notwithstanding the provisions of s.
835	893.13:
836	(a) Any person who knowingly sells, purchases,
837	manufactures, delivers, or brings into this state, or who is
838	knowingly in actual or constructive possession of, in excess of
839	25 pounds of cannabis, or 300 or more cannabis plants, commits a
840	felony of the first degree, which felony shall be known as
841	“trafficking in cannabis,” punishable as provided in s. 775.082,
842	s. 775.083, or s. 775.084. If the quantity of cannabis involved:
843	1. Is in excess of 25 pounds, but less than 2,000 pounds,
844	or is 300 or more cannabis plants, but not more than 2,000
845	cannabis plants, such person shall be sentenced to a mandatory
846	minimum term of imprisonment of 3 years, and the defendant shall
847	be ordered to pay a fine of $25,000.
848	2. Is 2,000 pounds or more, but less than 10,000 pounds,
849	or is 2,000 or more cannabis plants, but not more than 10,000
850	cannabis plants, such person shall be sentenced to a mandatory

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851	minimum term of imprisonment of 7 years, and the defendant shall
852	be ordered to pay a fine of $50,000.
853	3. Is 10,000 pounds or more, or is 10,000 or more cannabis
854	plants, such person shall be sentenced to a mandatory minimum
855	term of imprisonment of 15 calendar years and pay a fine of
856	$200,000.
858	For the purpose of this paragraph, a plant, including, but not
859	limited to, a seedling or cutting, is a “cannabis plant” if it
860	has some readily observable evidence of root formation, such as
861	root hairs. To determine if a piece or part of a cannabis plant
862	severed from the cannabis plant is itself a cannabis plant, the
863	severed piece or part must have some readily observable evidence
864	of root formation, such as root hairs. Callous tissue is not
865	readily observable evidence of root formation. The viability and
866	sex of a plant and the fact that the plant may or may not be a
867	dead harvested plant are not relevant in determining if the
868	plant is a “cannabis plant” or in the charging of an offense
869	under this paragraph. Upon conviction, the court shall impose
870	the longest term of imprisonment provided for in this paragraph.
871	(b)1. Any person who knowingly sells, purchases,
872	manufactures, delivers, or brings into this state, or who is
873	knowingly in actual or constructive possession of, 28 grams or
874	more of cocaine, as described in s. 893.03(2)(a)4., or of any
875	mixture containing cocaine, but less than 150 kilograms of

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876	cocaine	or any such mixture, commits a felony of the first
877	degree,	which felony shall be known as “trafficking in cocaine,”
878 879 880 881 882 883 884 885 886 887 888	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. Is 400 grams or more, but less than 150 kilograms, such
889	person shall	be sentenced to a mandatory minimum term of
890	imprisonment	of 15 calendar years and pay a fine of $250,000.
891	2. Any	person who knowingly sells, purchases,

892 manufactures, delivers, or brings into this state, or who is  893 knowingly in actual or constructive possession of, 150 kilograms 894 or more of cocaine, as described in s. 893.03(2)(a)4., commits 895 the first degree felony of trafficking in cocaine. A person who 896 has been convicted of the first degree felony of trafficking in 897 cocaine under this subparagraph shall be punished by life

898 imprisonment and is ineligible for any form of discretionary

899 early release except pardon or executive clemency or conditional 900 medical release under s. 947.149. However, if the court

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901	determines that, in addition to committing any	act specified in
902	this paragraph:
903 904 905 906 907	The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or The person’s conduct in committing that act led to a
908	natural, though not	inevitable,	lethal	result,
909
910	such person commits	the capital	felony	of trafficking in
911	cocaine, punishable	as provided	in ss.	775.082 and 921.142. Any

912 person sentenced for a capital felony under this paragraph shall 913 also be sentenced to pay the maximum fine provided under

914 subparagraph 1.

915 3. Any person who knowingly brings into this state 300

916 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 917 and who knows that the probable result of such importation would 918 be the death of any person, commits capital importation of

919 cocaine, a capital felony punishable as provided in ss. 775.082 920 and 921.142. Any person sentenced for a capital felony under 921 this paragraph shall also be sentenced to pay the maximum fine 922 provided under subparagraph 1.

923 (c)1. A person who knowingly sells, purchases,

924 manufactures, delivers, or brings into this state, or who is 925 knowingly in actual or constructive possession of, 4 grams or

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926 more of any morphine, opium, hydromorphone, or any salt, 927 derivative, isomer, or salt of an isomer thereof, including

928 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 929 (3)(c)4., or 4 grams or more of any mixture containing any such 930 substance, but less than 30 kilograms of such substance or

931 mixture, commits a felony of the first degree, which felony  932 shall be known as “trafficking in illegal drugs,” punishable as 933 provided in s. 775.082, s. 775.083, or s. 775.084. If the

934 quantity involved:

935 a. Is 4 grams or more, but less than 14 grams, such person 936 shall be sentenced to a mandatory minimum term of imprisonment 937 of 3 years and shall be ordered to pay a fine of $50,000.

938 b. Is 14 grams or more, but less than 28 grams, such 939 person shall be sentenced to a mandatory minimum term of

940 imprisonment of 15 years and shall be ordered to pay a fine of 941 $100,000.

942 c. Is 28 grams or more, but less than 30 kilograms, such 943 person shall be sentenced to a mandatory minimum term of

944 imprisonment of 25 years and shall be ordered to pay a fine of 945 $500,000.

946 2. A person who knowingly sells, purchases, manufactures, 947 delivers, or brings into this state, or who is knowingly in  948 actual or constructive possession of, 14 grams or more of

949 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 950 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14

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951 grams or more of any mixture containing any such substance, 952 commits a felony of the first degree, which felony shall be

953 known as “trafficking in hydrocodone,” punishable as provided in 954 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 955 a. Is 14 grams or more, but less than 28 grams, such

956 person shall be sentenced to a mandatory minimum term of

957 imprisonment of 3 years and shall be ordered to pay a fine of 958 $50,000.

959 b. Is 28 grams or more, but less than 50 grams, such 960 person shall be sentenced to a mandatory minimum term of

961 imprisonment of 7 years and shall be ordered to pay a fine of 962 $100,000.

963 c. Is 50 grams or more, but less than 200 grams, such

964	person shall be	sentenced to a mandatory minimum term of
965	imprisonment of	15 years and shall be ordered to pay a fine of
966	$500,000.
967	d. Is 200	grams or more, but less than 30 kilograms, such
968	person shall be	sentenced to a mandatory minimum term of
969	imprisonment of	25 years and shall be ordered to pay a fine of
970	$750,000.
971 972 973 974 975	3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 893.03(2)(a)1.q., or any salt thereof, or 7 grams or more of any mixture containing any such

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976

977

978

979

980

981

982

983

984

985

986

987

988

989

990

991

992

993

994

995

996

997

998

999

1000

substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

1. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
2. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of

$100,000.

1. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of

$500,000.

1. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of

$750,000.

4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:

1. Alfentanil, as described in s. 893.03(2)(b)1.;
2. Carfentanil, as described in s. 893.03(2)(b)6.;

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1001	(III) Fentanyl, as described in s. 893.03(2)(b)9.;
1002	(IV) Sufentanil, as described in s. 893.03(2)(b)30.;
1003	(V) A fentanyl derivative, as described in s.
1004	893.03(1)(a)62.;
1005	(VI) A controlled substance analog, as described in s.
1006	893.0356, of any substance described in sub-sub-subparagraphs
1007	(I)-(V); or
1008	(VII) A mixture containing any substance described in sub-
1009	sub-subparagraphs (I)-(VI),
1010
1011	commits a felony of the first degree, which felony shall be
1012	known as “trafficking in fentanyl,” punishable as provided in s.
1013	775.082, s. 775.083, or s. 775.084.
1014	b. If the quantity involved under sub-subparagraph a.:
1015	(I) Is 4 grams or more, but less than 14 grams, such
1016	person shall be sentenced to a mandatory minimum term of
1017	imprisonment of 3 years, and shall be ordered to pay a fine of
1018	$50,000.
1019	(II) Is 14 grams or more, but less than 28 grams, such
1020	person shall be sentenced to a mandatory minimum term of
1021	imprisonment of 15 years, and shall be ordered to pay a fine of
1022	$100,000.
1023	(III) Is 28 grams or more, such person shall be sentenced
1024	to a mandatory minimum term of imprisonment of 25 years, and
1025	shall be ordered to pay a fine of $500,000.

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1026	5. A person who knowingly sells, purchases, manufactures,
1027	delivers, or brings into this state, or who is knowingly in
1028	actual or constructive possession of, 30 kilograms or more of
1029	any morphine, opium, oxycodone, hydrocodone, codeine,
1030	hydromorphone, or any salt, derivative, isomer, or salt of an
1031	isomer thereof, including heroin, as described in s.
1032	893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
1033	more of any mixture containing any such substance, commits the
1034	first degree felony of trafficking in illegal drugs. A person
1035	who has been convicted of the first degree felony of trafficking
1036	in illegal drugs under this subparagraph shall be punished by
1037	life imprisonment and is ineligible for any form of
1038	discretionary early release except pardon or executive clemency
1039	or conditional medical release under s. 947.149. However, if the
1040	court determines that, in addition to committing any act
1041	specified in this paragraph:
1042	a. The person intentionally killed an individual or
1043	counseled, commanded, induced, procured, or caused the
1044	intentional killing of an individual and such killing was the
1045	result; or
1046	b. The person’s conduct in committing that act led to a
1047	natural, though not inevitable, lethal result,
1048
1049	such person commits the capital felony of trafficking in illegal
1050	drugs, punishable as provided in ss. 775.082 and 921.142. A

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HB 1117 2019

1051	person sentenced for a capital felony under this paragraph shall
1052	also be sentenced to pay the maximum fine provided under
1053	subparagraph 1.
1054	6. A person who knowingly brings into this state 60
1055	kilograms or more of any morphine, opium, oxycodone,
1056	hydrocodone, codeine, hydromorphone, or any salt, derivative,
1057	isomer, or salt of an isomer thereof, including heroin, as
1058	described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
1059	60 kilograms or more of any mixture containing any such
1060	substance, and who knows that the probable result of such
1061	importation would be the death of a person, commits capital
1062	importation of illegal drugs, a capital felony punishable as
1063	provided in ss. 775.082 and 921.142. A person sentenced for a
1064	capital felony under this paragraph shall also be sentenced to
1065	pay the maximum fine provided under subparagraph 1.
1066	(d)1. Any person who knowingly sells, purchases,
1067	manufactures, delivers, or brings into this state, or who is
1068	knowingly in actual or constructive possession of, 28 grams or
1069	more of phencyclidine, as described in s. 893.03(2)(b)23., a
1070	substituted phenylcyclohexylamine, as described in s.
1071	893.03(1)(c)195., or a substance described in s.
1072	893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
1073	containing phencyclidine, as described in s. 893.03(2)(b)23., a
1074	substituted phenylcyclohexylamine, as described in s.
1075	893.03(1)(c)195., or a substance described in s.

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HB 1117 2019

1076 1077	893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of the first degree, which felony shall be known as “trafficking in
1078	phencyclidine,” punishable as provided in s. 775.082, s.
1079	775.083, or s. 775.084. If the quantity involved:
1080	a. Is 28 grams or more, but less than 200 grams, such
1081	person shall be sentenced to a mandatory minimum term of
1082	imprisonment of 3 years, and the defendant shall be ordered to
1083	pay a fine of $50,000.
1084	b. Is 200 grams or more, but less than 400 grams, such
1085	person shall be sentenced to a mandatory minimum term of
1086	imprisonment of 7 years, and the defendant shall be ordered to
1087	pay a fine of $100,000.
1088	c. Is 400 grams or more, such person shall be sentenced to
1089	a mandatory minimum term of imprisonment of 15 calendar years
1090	and pay a fine of $250,000.
1091	2. Any person who knowingly brings into this state 800
1092	grams or more of phencyclidine, as described in s.
1093	893.03(2)(b)23., a substituted phenylcyclohexylamine, as
1094	described in s. 893.03(1)(c)195., or a substance described in s.
1095	893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
1096	containing phencyclidine, as described in s. 893.03(2)(b)23., a
1097	substituted phenylcyclohexylamine, as described in s.
1098	893.03(1)(c)195., or a substance described in s.
1099	893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
1100	probable result of such importation would be the death of any

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1101	person commits capital importation of phencyclidine, a capital
1102	felony punishable as provided in ss. 775.082 and 921.142. Any
1103	person sentenced for a capital felony under this paragraph shall
1104	also be sentenced to pay the maximum fine provided under
1105	subparagraph 1.
1106	(e)1. Any person who knowingly sells, purchases,
1107	manufactures, delivers, or brings into this state, or who is
1108	knowingly in actual or constructive possession of, 200 grams or
1109	more of methaqualone or of any mixture containing methaqualone,
1110	as described in s. 893.03(1)(d), commits a felony of the first
1111	degree, which felony shall be known as “trafficking in
1112	methaqualone,” punishable as provided in s. 775.082, s. 775.083,
1113	or s. 775.084. If the quantity involved:
1114	a. Is 200 grams or more, but less than 5 kilograms, such
1115	person shall be sentenced to a mandatory minimum term of
1116	imprisonment of 3 years, and the defendant shall be ordered to
1117	pay a fine of $50,000.
1118	b. Is 5 kilograms or more, but less than 25 kilograms,
1119	such person shall be sentenced to a mandatory minimum term of
1120	imprisonment of 7 years, and the defendant shall be ordered to
1121	pay a fine of $100,000.
1122	c. Is 25 kilograms or more, such person shall be sentenced
1123	to a mandatory minimum term of imprisonment of 15 calendar years
1124	and pay a fine of $250,000.
1125	2. Any person who knowingly brings into this state 50

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HB 1117 2019

1126	kilograms or more of methaqualone or of any mixture containing
1127	methaqualone, as described in s. 893.03(1)(d), and who knows
1128	that the probable result of such importation would be the death
1129	of any person commits capital importation of methaqualone, a
1130	capital felony punishable as provided in ss. 775.082 and
1131	921.142. Any person sentenced for a capital felony under this
1132	paragraph shall also be sentenced to pay the maximum fine
1133	provided under subparagraph 1.
1134	(f)1. Any person who knowingly sells, purchases,
1135	manufactures, delivers, or brings into this state, or who is
1136	knowingly in actual or constructive possession of, 14 grams or
1137	more of amphetamine, as described in s. 893.03(2)(c)2., or
1138	methamphetamine, as described in s. 893.03(2)(c)5., or of any
1139	mixture containing amphetamine or methamphetamine, or
1140	phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
1141	in conjunction with other chemicals and equipment utilized in
1142	the manufacture of amphetamine or methamphetamine, commits a
1143	felony of the first degree, which felony shall be known as
1144	“trafficking in amphetamine,” punishable as provided in s.
1145	775.082, s. 775.083, or s. 775.084. If the quantity involved:
1146	a. Is 14 grams or more, but less than 28 grams, such
1147	person shall be sentenced to a mandatory minimum term of
1148	imprisonment of 3 years, and the defendant shall be ordered to
1149	pay a fine of $50,000.
1150	b. Is 28 grams or more, but less than 200 grams, such

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HB 1117 2019

1151 1152 1153	person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
1154	c. Is 200 grams or more, such person shall be sentenced to
1155	a mandatory minimum term of imprisonment of 15 calendar years
1156	and pay a fine of $250,000.
1157	2. Any person who knowingly manufactures or brings into
1158	this state 400 grams or more of amphetamine, as described in s.
1159	893.03(2)(c)2., or methamphetamine, as described in s.
1160	893.03(2)(c)5., or of any mixture containing amphetamine or
1161	methamphetamine, or phenylacetone, phenylacetic acid,
1162	pseudoephedrine, or ephedrine in conjunction with other
1163	chemicals and equipment used in the manufacture of amphetamine
1164	or methamphetamine, and who knows that the probable result of
1165	such manufacture or importation would be the death of any person
1166	commits capital manufacture or importation of amphetamine, a
1167	capital felony punishable as provided in ss. 775.082 and
1168	921.142. Any person sentenced for a capital felony under this
1169	paragraph shall also be sentenced to pay the maximum fine
1170	provided under subparagraph 1.
1171	(g)1. Any person who knowingly sells, purchases,
1172	manufactures, delivers, or brings into this state, or who is
1173	knowingly in actual or constructive possession of, 4 grams or
1174	more of flunitrazepam or any mixture containing flunitrazepam as
1175	described in s. 893.03(1)(a) commits a felony of the first

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1176 1177	degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s. 775.082, s.
1178	775.083, or s. 775.084. If the quantity involved:
1179	a. Is 4 grams or more but less than 14 grams, such person
1180	shall be sentenced to a mandatory minimum term of imprisonment
1181	of 3 years, and the defendant shall be ordered to pay a fine of
1182	$50,000.
1183	b. Is 14 grams or more but less than 28 grams, such person
1184	shall be sentenced to a mandatory minimum term of imprisonment
1185	of 7 years, and the defendant shall be ordered to pay a fine of
1186	$100,000.
1187	c. Is 28 grams or more but less than 30 kilograms, such
1188	person shall be sentenced to a mandatory minimum term of
1189	imprisonment of 25 calendar years and pay a fine of $500,000.
1190	2. Any person who knowingly sells, purchases,
1191	manufactures, delivers, or brings into this state or who is
1192	knowingly in actual or constructive possession of 30 kilograms
1193	or more of flunitrazepam or any mixture containing flunitrazepam
1194	as described in s. 893.03(1)(a) commits the first degree felony
1195	of trafficking in flunitrazepam. A person who has been convicted
1196	of the first degree felony of trafficking in flunitrazepam under
1197	this subparagraph shall be punished by life imprisonment and is
1198	ineligible for any form of discretionary early release except
1199	pardon or executive clemency or conditional medical release
1200	under s. 947.149. However, if the court determines that, in

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HB 1117 2019

1201	addition to committing any act specified in this paragraph:
1202	a. The person intentionally killed an individual or
1203	counseled, commanded, induced, procured, or caused the
1204	intentional killing of an individual and such killing was the
1205	result; or
1206	b. The person’s conduct in committing that act led to a
1207	natural, though not inevitable, lethal result,
1208
1209	such person commits the capital felony of trafficking in
1210	flunitrazepam, punishable as provided in ss. 775.082 and
1211	921.142. Any person sentenced for a capital felony under this
1212	paragraph shall also be sentenced to pay the maximum fine
1213	provided under subparagraph 1.
1214	(h)1. Any person who knowingly sells, purchases,
1215	manufactures, delivers, or brings into this state, or who is
1216	knowingly in actual or constructive possession of, 1 kilogram or
1217	more of gamma-hydroxybutyric acid (GHB), as described in s.
1218	893.03(1)(d), or any mixture containing gamma-hydroxybutyric
1219	acid (GHB), commits a felony of the first degree, which felony
1220	shall be known as “trafficking in gamma-hydroxybutyric acid
1221	(GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
1222	775.084. If the quantity involved:
1223	a. Is 1 kilogram or more but less than 5 kilograms, such
1224	person shall be sentenced to a mandatory minimum term of
1225	imprisonment of 3 years, and the defendant shall be ordered to

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1226	pay a fine of $50,000.
1227	b. Is 5 kilograms or more but less than 10 kilograms, such
1228	person shall be sentenced to a mandatory minimum term of
1229	imprisonment of 7 years, and the defendant shall be ordered to
1230	pay a fine of $100,000.
1231	c. Is 10 kilograms or more, such person shall be sentenced
1232	to a mandatory minimum term of imprisonment of 15 calendar years
1233	and pay a fine of $250,000.
1234	2. Any person who knowingly manufactures or brings into
1235	this state 150 kilograms or more of gamma-hydroxybutyric acid
1236	(GHB), as described in s. 893.03(1)(d), or any mixture
1237	containing gamma-hydroxybutyric acid (GHB), and who knows that
1238	the probable result of such manufacture or importation would be
1239	the death of any person commits capital manufacture or
1240	importation of gamma-hydroxybutyric acid (GHB), a capital felony
1241	punishable as provided in ss. 775.082 and 921.142. Any person
1242	sentenced for a capital felony under this paragraph shall also
1243	be sentenced to pay the maximum fine provided under subparagraph
1244	1.
1245	(i)1. Any person who knowingly sells, purchases,
1246	manufactures, delivers, or brings into this state, or who is
1247	knowingly in actual or constructive possession of, 1 kilogram or
1248	more of gamma-butyrolactone (GBL), as described in s.
1249	893.03(1)(d), or any mixture containing gamma-butyrolactone
1250	(GBL), commits a felony of the first degree, which felony shall

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HB 1117 2019

1251	be known as “trafficking in gamma-butyrolactone (GBL),”
1252	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1253	If the quantity involved:
1254	a. Is 1 kilogram or more but less than 5 kilograms, such
1255	person shall be sentenced to a mandatory minimum term of
1256	imprisonment of 3 years, and the defendant shall be ordered to
1257	pay a fine of $50,000.
1258	b. Is 5 kilograms or more but less than 10 kilograms, such
1259	person shall be sentenced to a mandatory minimum term of
1260	imprisonment of 7 years, and the defendant shall be ordered to
1261	pay a fine of $100,000.
1262	c. Is 10 kilograms or more, such person shall be sentenced
1263	to a mandatory minimum term of imprisonment of 15 calendar years
1264	and pay a fine of $250,000.
1265	2. Any person who knowingly manufactures or brings into
1266	the state 150 kilograms or more of gamma-butyrolactone (GBL), as
1267	described in s. 893.03(1)(d), or any mixture containing gamma-
1268	butyrolactone (GBL), and who knows that the probable result of
1269	such manufacture or importation would be the death of any person
1270	commits capital manufacture or importation of gamma-
1271	butyrolactone (GBL), a capital felony punishable as provided in
1272	ss. 775.082 and 921.142. Any person sentenced for a capital
1273	felony under this paragraph shall also be sentenced to pay the
1274	maximum fine provided under subparagraph 1.
1275	(j)1. Any person who knowingly sells, purchases,

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HB 1117 2019

1276	manufactures, delivers, or brings into this state, or who is
1277	knowingly in actual or constructive possession of, 1 kilogram or
1278	more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
1279	any mixture containing 1,4-Butanediol, commits a felony of the
1280	first degree, which felony shall be known as “trafficking in
1281	1,4-Butanediol,” punishable as provided in s. 775.082, s.
1282	775.083, or s. 775.084. If the quantity involved:
1283	a. Is 1 kilogram or more, but less than 5 kilograms, such
1284	person shall be sentenced to a mandatory minimum term of
1285	imprisonment of 3 years, and the defendant shall be ordered to
1286	pay a fine of $50,000.
1287	b. Is 5 kilograms or more, but less than 10 kilograms,
1288	such person shall be sentenced to a mandatory minimum term of
1289	imprisonment of 7 years, and the defendant shall be ordered to
1290	pay a fine of $100,000.
1291	c. Is 10 kilograms or more, such person shall be sentenced
1292	to a mandatory minimum term of imprisonment of 15 calendar years
1293	and pay a fine of $500,000.
1294	2. Any person who knowingly manufactures or brings into
1295	this state 150 kilograms or more of 1,4-Butanediol as described
1296	in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
1297	and who knows that the probable result of such manufacture or
1298	importation would be the death of any person commits capital
1299	manufacture or importation of 1,4-Butanediol, a capital felony
1300	punishable as provided in ss. 775.082 and 921.142. Any person

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HB 1117 2019

1301 1302 1303 1304	sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (k)1. A person who knowingly sells, purchases,
1305	manufactures, delivers, or brings into this state, or who is
1306	knowingly in actual or constructive possession of, 10 grams or
1307	more of a:
1308	a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
1309	15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
1310	90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
1311	165., or 187.-189., a substituted cathinone, as described in s.
1312	893.03(1)(c)191., or substituted phenethylamine, as described in
1313	s. 893.03(1)(c)192.;
1314	b. Mixture containing any substance described in sub-
1315	subparagraph a.; or
1316	c. Salt, isomer, ester, or ether or salt of an isomer,
1317	ester, or ether of a substance described in sub-subparagraph a.,
1318
1319	commits a felony of the first degree, which felony shall be
1320	known as “trafficking in phenethylamines,” punishable as
1321	provided in s. 775.082, s. 775.083, or s. 775.084.
1322	2. If the quantity involved under subparagraph 1.:
1323	a. Is 10 grams or more, but less than 200 grams, such
1324	person shall be sentenced to a mandatory minimum term of
1325	imprisonment of 3 years and shall be ordered to pay a fine of

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HB 1117 2019

1326 1327 1328	$50,000. b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of
1329	imprisonment of 7 years and shall be ordered to pay a fine of
1330	$100,000.
1331	c. Is 400 grams or more, such person shall be sentenced to
1332	a mandatory minimum term of imprisonment of 15 years and shall
1333	be ordered to pay a fine of $250,000.
1334	3. A person who knowingly manufactures or brings into this
1335	state 30 kilograms or more of a substance described in sub-
1336	subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
1337	or a salt, isomer, ester, or ether or a salt of an isomer,
1338	ester, or ether described in sub-subparagraph 1.c., and who
1339	knows that the probable result of such manufacture or
1340	importation would be the death of any person commits capital
1341	manufacture or importation of phenethylamines, a capital felony
1342	punishable as provided in ss. 775.082 and 921.142. A person
1343	sentenced for a capital felony under this paragraph shall also
1344	be sentenced to pay the maximum fine under subparagraph 2.
1345	(l)1. Any person who knowingly sells, purchases,
1346	manufactures, delivers, or brings into this state, or who is
1347	knowingly in actual or constructive possession of, 1 gram or
1348	more of lysergic acid diethylamide (LSD) as described in s.
1349	893.03(1)(c), or of any mixture containing lysergic acid
1350	diethylamide (LSD), commits a felony of the first degree, which

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1117 2019

1351	felony shall be known as “trafficking in lysergic acid
1352	diethylamide (LSD),” punishable as provided in s. 775.082, s.
1353	775.083, or s. 775.084. If the quantity involved:
1354	a. Is 1 gram or more, but less than 5 grams, such person
1355	shall be sentenced to a mandatory minimum term of imprisonment
1356	of 3 years, and the defendant shall be ordered to pay a fine of
1357	$50,000.
1358	b. Is 5 grams or more, but less than 7 grams, such person
1359	shall be sentenced to a mandatory minimum term of imprisonment
1360	of 7 years, and the defendant shall be ordered to pay a fine of
1361	$100,000.
1362	c. Is 7 grams or more, such person shall be sentenced to a
1363	mandatory minimum term of imprisonment of 15 calendar years and
1364	pay a fine of $500,000.
1365	2. Any person who knowingly manufactures or brings into
1366	this state 7 grams or more of lysergic acid diethylamide (LSD)
1367	as described in s. 893.03(1)(c), or any mixture containing
1368	lysergic acid diethylamide (LSD), and who knows that the
1369	probable result of such manufacture or importation would be the
1370	death of any person commits capital manufacture or importation
1371	of lysergic acid diethylamide (LSD), a capital felony punishable
1372	as provided in ss. 775.082 and 921.142. Any person sentenced for
1373	a capital felony under this paragraph shall also be sentenced to
1374	pay the maximum fine provided under subparagraph 1.
1375	(m)1. A person who knowingly sells, purchases,

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HB 1117 2019

1376	manufactures, delivers, or brings into this state, or who is
1377	knowingly in actual or constructive possession of, 280 grams	or
1378	more of a:
1379	a. Substance described in s. 893.03(1)(c)30., 46.-50.,
1380	114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
1381	cannabinoid, as described in s. 893.03(1)(c)190.; or
1382	b. Mixture containing any substance described in sub-
1383	subparagraph a.,
1384
1385	commits a felony of the first degree, which felony shall be
1386	known as “trafficking in synthetic cannabinoids,” punishable	as
1387	provided in s. 775.082, s. 775.083, or s. 775.084.
1388	2.	If	the quantity involved under subparagraph 1.:
1389	a.	Is	280 grams or more, but less than 500 grams, such
1390	person shall be sentenced to a mandatory minimum term of
1391	imprisonment of 3 years, and the defendant shall be ordered to
1392	pay a fine of $50,000.
1393	b. Is 500 grams or more, but less than 1,000 grams, such
1394	person shall be sentenced to a mandatory minimum term of
1395	imprisonment of 7 years, and the defendant shall be ordered to
1396	pay a fine of $100,000.
1397	c. Is 1,000 grams or more, but less than 30 kilograms,
1398	such person shall be sentenced to a mandatory minimum term of
1399	imprisonment of 15 years, and the defendant shall be ordered to
1400	pay a fine of $200,000.

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HB 1117 2019

1401	d. Is 30 kilograms or more, such person shall be sentenced
1402	to a mandatory minimum term of imprisonment of 25 years, and the
1403	defendant shall be ordered to pay a fine of $750,000.
1404	(n)1. A person who knowingly sells, purchases,
1405	manufactures, delivers, or brings into this state, or who is
1406	knowingly in actual or constructive possession of, 14 grams or
1407	more of:
1408	a. A substance described in s. 893.03(1)(c)164., 174., or
1409	175., a n-benzyl phenethylamine compound, as described in s.
1410	893.03(1)(c)193.; or
1411	b. A mixture containing any substance described in sub-
1412	subparagraph a.,
1413
1414	commits a felony of the first degree, which felony shall be
1415	known as “trafficking in n-benzyl phenethylamines,” punishable
1416	as provided in s. 775.082, s. 775.083, or s. 775.084.
1417	2. If the quantity involved under subparagraph 1.:
1418	a. Is 14 grams or more, but less than 100 grams, such
1419	person shall be sentenced to a mandatory minimum term of
1420	imprisonment of 3 years, and the defendant shall be ordered to
1421	pay a fine of $50,000.
1422	b. Is 100 grams or more, but less than 200 grams, such
1423	person shall be sentenced to a mandatory minimum term of
1424	imprisonment of 7 years, and the defendant shall be ordered to
1425	pay a fine of $100,000.

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HB 1117 2019

1426	c. Is 200 grams or more, such person shall be sentenced to
1427	a mandatory minimum term of imprisonment of 15 years, and the
1428	defendant shall be ordered to pay a fine of $500,000.
1429	3. A person who knowingly manufactures or brings into this
1430	state 400 grams or more of a substance described in sub-
1431	subparagraph 1.a. or a mixture described in sub-subparagraph
1432	1.b., and who knows that the probable result of such manufacture
1433	or importation would be the death of any person commits capital
1434	manufacture or importation of a n-benzyl phenethylamine
1435	compound, a capital felony punishable as provided in ss. 775.082
1436	and 921.142. A person sentenced for a capital felony under this
1437	paragraph shall also be sentenced to pay the maximum fine under
1438	subparagraph 2.
1439	Section 13. This act shall take effect on the same date
1440	that HB 1119 or similar legislation takes effect, if such
1441	legislation is adopted in the same legislative session or an
1442	extension thereof and becomes law.