Marijuana Legalization Initiative Campaign Starts In Florida

1. Any person, firm, or corporation the license of which under this section has been revoked or has been abandoned after written notice that revocation
or suspension proceedings had been or would be brought against the license;
2. Any corporation if an officer or director of the corporation has had her or his license under this section revoked or has abandoned her or his license
after written notice that revocation or suspension proceedings had been or would be brought against her or his license; or
3. Any person who is or has been an officer or director of a corporation, or who directly or indirectly closely held an ownership interest in a
corporation, the license of which has been revoked or abandoned after written notice that revocation or suspension proceedings had been or would be
brought against the license.
f. Security requirements for cannabis establishments;
g. Requirements to prevent the sale or diversion of cannabis and cannabis products to persons under the age of twenty-one;
h. Labeling and packaging requirements for cannabis and cannabis products sold or distributed by a cannabis establishment;
i. Health and safety regulations and standards for the manufacture and testing of cannabis products and the cultivation of cannabis;
j. Restrictions on the advertising and display of cannabis and cannabis products; and
k. Civil penalties for the failure to comply with regulations made pursuant to this section.
(2) In order to protect consumer privacy, the department shall not require a consumer to provide a retail cannabis store with personal information other
than government-issued identification to determine the consumer’s age, and a retail cannabis store shall not be required to acquire and record
personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.
(3) Except for those provisions that are self-executing, nothing in this section shall limit the legislature from enacting laws consistent with this section.
This section provides the legislature guidance only on regulation, not taxation. Nothing contained in this section shall be construed to create nor in
any way limit any taxing authority to make, collect, administer, enforce or distribute any tax levy relating to this section under any taxing authority’s
power to tax authorized by the constitution or the laws of this state.
(4) Not later than October 1, 2017, each county or municipality shall enact an ordinance or regulation specifying the entity within the county or
municipality responsible for processing applications submitted for a license to operate a cannabis establishment within the boundaries of the county
or municipality and for the issuance of any such license should the issuance by the county or municipality become necessary because of a failure by
the department to adopt regulations pursuant to subsection (e)(1) or failure by the department to process a license application in accordance with
subsection (e)(7).
(5) A county or municipality may enact ordinances or regulations not in conflict with this section or with regulations or legislation enacted pursuant to
this section:
a. Governing the time, place, manner, and number of cannabis establishment operations. However, if a county or municipality does not enact
such ordinances or regulations, the time, place, manner, and number of operations minimum requirements adopted by the department
pursuant to subsection (e)(1)(d) shall control;
b. Establishing procedures for the issuance, suspension, and revocation of a license issued by the county or municipality in accordance with subsections
(e)(8) or (e)(9), such procedures to be subject to all requirements of s. 120.54, Florida Statutes (2015) or as amended; and
c. Establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a cannabis establishment that may
operate in such county or municipality, whether licensed by the state, a county or municipality.
(6) A county or municipality may prohibit the operation of cannabis cultivation facilities, cannabis product manufacturing facilities, cannabis testing
facilities, or retail cannabis stores licensed by the department through the enactment of a county ordinance or municipal code, provided, any county
ordinance or municipal code to prohibit the operation of cannabis cultivation facilities, cannabis product manufacturing facilities, cannabis testing
facilities, or retail cannabis stores must appear on Florida’s general election ballot during an even numbered year.
(7) Each application for an annual license to operate a cannabis establishment shall be submitted to the department. The department shall:
a. Begin accepting and processing applications on October 1, 2017; any license issued prior to December 31, 2017, shall be effective January 1, 2018;
b. Upon request by the county or municipality, immediately forward a copy of each application to the county in which the applicant desires to operate
the cannabis establishment;
c. Issue an annual license to the applicant between forty-five and ninety days after receipt of an application unless the department finds the applicant is
not in compliance with regulations enacted pursuant to subsection (e)(1) or the department is notified by the relevant county or municipality that the
applicant is not in compliance with subsection (e)(5) in effect at the time of application, provided, where a county or municipality has enacted a
numerical limit on the number of cannabis establishments and a greater number of applicants seek licensing, the department shall solicit and consider
input from the county or municipality as to the county or municipality’s preference for licensure; and
d. Upon denial of an application, notify the applicant in writing of the specific reason for its denial.
(8) If the department does not issue a license to an applicant within ninety days of receipt of the application filed in accordance with subsection (e)(7)
and does not notify the applicant of the specific reason for its denial, or the specific reason as to why the applicant is not in compliance with
regulations enacted pursuant to subsection (e)(1), in writing, within such time period, the applicant may resubmit the application directly to the
county or municipality, pursuant to subsection (e)(5), and the county or municipality may issue an annual license to the applicant. A county or
municipality issuing a license to an applicant shall do so within ninety days of receipt of the resubmitted application unless the county or
municipality finds and notifies the applicant that the applicant is not in compliance with ordinances and regulations made pursuant to subsection
(e)(5) in effect at the time the application is resubmitted. The county or municipality shall notify the department if an annual license has been issued
to the applicant. A license issued by a county or municipality in accordance with this subsection shall have the same force and effect as a license
issued by the department in accordance with subsection (e)(7). A subsequent or renewed license may be issued under this subsection on an annual
basis only upon resubmission to the county or municipality of a new application submitted to the department pursuant to subsection (e)(7), if the
department does not issue a license to an applicant within ninety days of receipt of the application for a subsequent or renewed annual license filed in
accordance with subsection (e)(7) and does not notify the applicant of the specific reason for its denial, or the specific reason as to why the applicant
is not in compliance with regulations enacted pursuant to subsection (e)(1), in writing, within such time period. Nothing in this subsection shall limit
such relief as may be available to an aggrieved party under ss. 120.56, 120.565, 120.569, 120.57, 120.573, or 120.574, Florida Statutes (2015) or as
amended.
(9) If the department does not adopt regulations in accordance with subsection (e)(1), an applicant may submit an application directly to a county or
municipality after October 1, 2017, and the county or municipality may issue an annual license to the applicant. A county or municipality issuing a
license to an applicant shall do so within ninety days of receipt of the application, unless it finds and notifies the applicant that the applicant is not in
compliance with ordinances and regulations made pursuant to subsection (e)(5) in effect at the time of application, and shall notify the department if