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Medical Marijuana Dispensing Facilities - Other Counties' & State Documentation
TO: FROM: MEMORANDUM Honorable Chairman Jean Monestime and Members, Board of County Commissioners Abigail Price -Williams County Attorney Substitute Agenda Item No. 5(A) DATE: July 6, 2016 SUBJECT: Ordinance pertaining to zoning; creating Article DCA of Chapter 33 of the Code; amending sections 33-238, 33-259, 33-279, and 33-284.83; establishing zoning regulations for the dispensing of low -THC cannabis and medical cannabis This substitute differs from the original item in that: 1. Areas where dispensing facilities may be located is expanded to include (a) Industrial (IO) Zoning Districts, (b) additional Urban Center areas, and (c) the Agricultural (AU) Zoning District except Horse Country; 2. Educational facilities from which dispensing facilities must be appropriately spaced has been clarified to consist of certain primary and secondary schools; 3. An exception to the prohibition on dispensing outside of a dispensing facility is provided to allow for delivery to eligible patients; 4. 'An exception to the prohibition on consumption inside a dispensing facility is provided to allow a medical professional to instruct an eligible patient on proper consumption; 5. A time period and process is added for a dispensing organization to reserve a location for a dispensing facility; 6. The timeframe in which a dispensing organization must begin dispensing after receiving a certificate of use is extended from 30 to 180 days, subject to a further extension for good cause shown; 7. A certificate of use for a dispensing facility may not be renewed when (a) an open civil violation notice has been pending for 180 days or more and (b) the delay is attributable to the alleged violator; and 8. A definition of "dispensing organization" is added along with references to such term. Rule 5.06(i) of the Board's Rules of Procedure provides that where double underlining and double strike -through would not clearly show the differences between an original item and the substitute, comments may instead be provided. Pursuant to this rule, the preceding comprehensive description of the differences between the original item and the substitute is provided in lieu of double underlining and double strike -through. The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. APW/cp Abigail Price -Williams County Attorney Memorandum r1,i m O�, Date: July 6, 2016 To; Honorable Chalrnian Jean Monestime and Members, Board of Count missioners From: Carlos A. Gimenez Mayor Subject: Fiscal Impact Statement for Ordinance stablishing zoning Regulations for the Dispensing of low -THC Cannabis and edicai Cannabis The proposed ordinance pertaining to zoning creates Article IXA of the Chapter 33 of the Code of Miami -Dade County establishing zoning regulatory framework for the location and permitting of establishments that dispense low -THC cannabis or medical cannabis, and amends Section 33 38 and 33-284.83 of the Code, It is anticipated that the implementation of this ordinance will not have a fiscal Impact to Mia ni- Deputy Mayor HsO7116 161473 WE MIAMP Memorandum ¢nimDADE Date: July b, 2016 To: Honorable Chairman Jean Monestime and Members, Board of Coun missioners From: Carlos A. Gimenez �, Mayor Subject: Social Equity Impact Statement for ng Ordinance Establishing Zoning Regulations for the Dispensing of low -THC Cannab and Medical Cannabis The proposed ordinance amends the existing Code to establish the zoning regulations related to the location and permitting of establishments that dispense low -THC cannabis or medical cannabis. More specifically, ,the proposed ordinance does the following: • Sets the minimum distance between any establishment dispending low -THC and medical cannabis and child care facilities, preschools, schools, or religious facilities (1,000 feet); certain zoning districts designated as residential (500 feet);. and other establishments dispensing same (one mile). • Requires the establishment to obtain an annual certificate of use and Includes language that (1) a certificate of use shall not be renewed if there are open enforcement cases or if the establishment has cases pending before the Nuisance Abatement Board, and (ii) a certificate'of use shall be revoked if the establishment has been found guilty of three (3) or more violations pertaining to the dispensing use, or has been determined as a nuisance by the Nuisance Abatement Board. • Sets operating hours (between 7 a.m, and 9 p.m, daily) and also prohibits the dispensing, receipt, payment, and consumption of low -THC and medical cannabis, as well as the consumption of alcohol, outside of the dispending establishment. The proposed ordinance intends to ensure that these establishments are at a minimum distance from child care facilities, schools, religious facilities, certain areas designated as residential, and other businesses dispending the same products. Without this amendment to the Code, any business wishing Jo dispense these products would be able to establish itself in a BU zoning district regardless of its distance to these aforementioned institutions and residential neighborhoods. The cost of compliance, such as obtaining an annual certificate of use or penalties for violating any provisions of the Code, will be borne by the business establishment. Additionally, by setting minimum distance standards from certain Institutions and residential neighborhoods, this proposed ordinance controls the number of locations available to these establishments. Jack�stWolt- " Deputy Mayor 161473 3 TO: MEMORANDUM (Revised) Honorable Chairman Jean Monestime and Members, Board of County Commissioners itaO nee - Please note any items checked. DATE: July 69 2016 Substitute SUBJECT: Agendab m No. 5(A) "3 -Day Rule" for committees applicable if raised ` 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing bu- Iget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's , 3/5's , unanimous ) to approve Current information regarding funding source, index code and avai able balance, and available capacity (if debt is contemplated) required a Approved Mwr Veto Override ORDINANCE NO. Substitute Agenda Item No. 5(A) 7-6-16 ORDINANCE PERTAINING TO ZONING; CREATING ARTICLE IXA OF CHAPTER 33 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; AMENDING SECTIONS 33-238, 33-259, 33-279, AND 33-284.83; ESTABLISHING ZONING REGULATIONS FOR THE DISPENSING OF LOW -THC CANNABIS AND MEDICAL CANNABIS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1'. Article IXA of Chapter 33 of the Code of Miami -Dade County, Florida, is hereby created to read as follows:' >>ARTICLE IXA — LOW -THC CANNABIS AND MEDICAL CANNABIS DISPENSING FACILITIES Sec. 33-149.1 - Intent Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4 authorize a limited number of dispensing organizations throughout the State of Florida to cultivate, process, and dispense low -tetrahydrocannabinol (low -THC) cannabis and medical cannabis for use by qualified' patients suffering_ from dispensing organizations must be approved by the Florida Department of Health and, once approved, are subject to state regulation and oversight. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain. unchanged. 5 Substitute Agenda Item No. 5(A; Page 2 The intent of this article is to establish the criteria for the location and permitting of establishments that dispense low -THC cannabis or medical cannabis in accordance with Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4. Sec. 33-149.2 - Applicability The provisions of this article shall be applicable in the unincorporated areas of Miami -Dade County. This article shall only be construed to allow the dispensing of low -THC cannabis or medical cannabis by a state -approved dispensing organization for medical use. The sale of cannabis or marijuana is prohibited in Miami -Dade County except in accordance with this article. See. 33-149.3 - Definitions Except as provided herein, all terms shall be defined in accordance with this chapter and Section 381.986, Florida Statutes, as may be amended from time to time: "Dispensing_ facility" refers to the building or structure where low -THC cannabis or medical cannabis, as well as cannabis delivery devices, are dispensed at retail. "Dispensing organization" means an organization approved by the state to cultivate, process, transport, and dispense low -THC cannabis or medical cannabis. "Low -tetrahydrocannabinol cannabis" or "low -THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight, the seeds thereof, the resin extracted from my part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. Z/ Substitute Agenda Item No. 5(A) Page 3 D "Medical cannabis" means all parts of M plant of the genus Cannabis, whetherrg owing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient, Q "Medical use" means administration of the ordered amount of low -THC cannabis or medical cannabis. The term does not include the: Possession, use, or administration of low -THC cannabis or medical cannabis by smoking; or Transfer of low -THC cannabis or medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative authorized to receive it on the qualified patient's behalf. Use or administration of low -THC cannabis or medical cannabis: L On any form of public transportation. ii. In any public place. iii. In a qualified patient's place of employ if restricted by his or her employer. iv. In a correctional institution. V. On the grounds of anv child care facility, preschool, or school. vi. On or in any vehicle, aircraft, or motorboat. Sec. 33-149.4 — Zoning districts where dispensing allowed. Onlv in accordance with the requirements of this article and the Applicable zoning district, dispensing- of low -THC or medical cannabis shall be perniitted in: the BU -1 BU-lA BU -2 BU -3 IU -1, IU -2, IU -3, and IU -C Zoning Districts, areas designated MC, MCS, MCI, and ID in an Urban Center or Urban Area District; and the DKUC and PLMUC Urban Center Districts. Where ancillgU to -?I- Substitute Agenda Item No. 5{A; Page 4 cultivation or processing, dispensing of low -THC or medical cannabis shall also be permitted in the AU Zoning District; provided, however, that dispensing shall not be permitted in the area known as Horse Country, as identified in Resolution No. R-429-16. Sec. 33-149.5 — Zoning requirements for dispensing facilities. Low -THC and medical cannabis dispensing facilities shall comply with the following requirements: U No low -THC or medical cannabis dispensingfacility shall be located within: M 1 mile from any other low -THC or medical cannabis dispensing facility; Q 1,000 feet of any child care &dI t , Meschool, kindergarten, elementM school, middle school, junior high school, high school, or religious facility; or 500 feet of any property in an EU or RU Zoning District (except for RU -5A), or any area design ated R in an Urban Center or Urban Area District. B Distances between low -THC or medical cannabis dispensing facilities shall be measured by drawing a straight between the front doors of the respective dispensing facilities. The distance from a child care facilitesrep school, kindergarten, elementary school, middle school, junior high school, high school, religious facility, or residential roe shall be measured by following a straight line from the nearest point of the respective structure to the front door of the proposed dispensing facili . The applicant shall furnish a certified survey from a registered engineer or surveyor, indicating the distance between the proposed dispensing facility existing low -THC or medical cannabis dispensing facility, child care facility, preschool, kindergarten, elementary school, middle school, junior high school, high school, religious facili or residential proppty within the a licable radius. In case of dispute, the measuxezxlent scaled by the Director shall govern. The Director shall verify in writing receipt of �] Substitute Agenda Item No. 5 (A) Page 5 the survey from the applicant, which shall serve as a reservation of said location by a state -approved dispensing organization to dispense low -THC or medical cannabis. Upon reservation, the applicant shall have 180 days to apply for a permit or certificate of use. U Dispensingof, f, payment for, and receipt of low -THC or medical cannabis is prohibited anywhere outside of the dispensing facility, including, but not limited to, on sidewalks, in parking areas, or in the rights-of-way surrounding the dispensingfacility, provided, however, this provision shall not be construed to prohibit delivery of lo THC or medical cannabis to an eligiblepatient, as permitted by state law or rule. 0D Consumption of low -THC or medical cannabis or alcoholic beverages is prohibited onsite at the dispensingfacil ty, including, but not limited to, in the parking areas, sidewalks, or ri is -of way surrounding the dispensing facility, provided, however, this provision shall not be construed to prohibit consumption associated with a dispensing facility employee, trained by a medical professional such as a doctor, nurse, pharmacist, or medical or physician's assistant, instructing an ellble patient on the mechanism of consumption of low -THC or medical cannabis, as permitted by state law or rule. Irrespective of an_y statutory amendment, facilities dispensing low -THC or medical cannabis shall only allowed to operate between the hours of 7:00 a.m. and 9:00 p.m. daily, as provided by Section 381.986, Florida Statutes -as of the effective date of Ordinance No. Insert Ordinance No.1. A certificate of use shall be obtained for the low -THC or medical cannabis dispensing facility on an annual basis. The application for the certificate of use shall be made on a form prescribed by the Director._ Substitute Agenda Item No. 5(A) Page 6 The low -THC or medical cannabis dispensing facility must be established on the premises by state -approved dispensing organization within 180 days of the date the certificate of use is issued; after 1.80 days, unless the time period is extended by the Director for good cause shown, the certificate of use shall be null and void and the applicant must re- apply, Q The Department shall have the right to periodically inspect the premises of the dispensing facility at any reasonable time to ensure that the &cili1y has a current and valid certificate of use, and to ensure compliance with the terms and conditions under which it was issued. Violators will be subject to all appropriate penalties,' including_ revocation of the certificate of use. Where, pursuant to Chapter_ 8CC of this Code, a civil violation notice relating to the dispensing of low -THC or medical cannabis has been issued and appealed by the alle ed�violator, the certificate of use shall not be renewed where the appeal has been pending for 180 days or more and the delay is attributable to the alleged violator. Where, pursuant to Chapter 8CC of this Code, determinations of F-uilt for three or more violations. have been made, or the Nuisance Abatement Board has determined that a nuisance exists at the dispensingfacility, acility, the certificate of use shall be revoked immediately, and a new application may not be made within a period of ] 2 months. LGI Any use, created and established under this article in a legal manner, which may thereafter become legally nonconforming, may continue until there is an abandonment of said use. Once a legally nonconforming use is abandoned, it shall not be re-established unless it conforms to the requirements of this article. Abandonment shall consist of. a change of use or suspension of active business with the public for a period of at least 3 months, or a lesser time if a written declaration of abandonment is provided by the owner of the premises or, if the proppr1y is subject to a lease, by the owner and tenant thereof. Substitute Agenda Item No. 5(A) Page 7 H No certificate of use, license, or building or other permit shall be issued for a low -THC or medical cannabis dispensing facility where the proposed place of business does not conform to the requirements of this subsection.<< Section 2. Section 33-238 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec, 33-238. —Uses permitted No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any BU -1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses: >> 13.1 Dispensing facilities for low -THC or medical cannabis, pursuant to article IXA of this chapter. 1( 3.2)<< [[{ )]] Drugstores. Section 3. Section 33-259 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 33-259. — Uses permitted No land, body of water or structure shall be used or permitted to be used and no structure shall be hereinafter erected, constructed, moved, reconstructed or structurally altered or maintained which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU -1 District, excepting for one (1) or more of the following: >> 2( 7.01) Dispensing facilities for low -THC or medical cannabis, pursuant to article lXA of this chapter.« C/ 4+ Substitute Agenda Item No. 5(A Page 8 Section 4. Section 33-279 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 33-279. — Uses permitted No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or be permitted to be erected, constructed, moved, reconstructed or structurally altered for any purpose tri an AU District which is designed, arranged, or intended to be used or occupied for any purpose other than the following: »j6.21 Dispensing facilities. for low -THC or medical cannabis, pursuant to article IXA of this chapter may be permitted in the area desi n�griculture on the Adopted Land Use Plan Map of the Comprehensive Development Master Plan, upon compliance with the following conditions: (aj Such dispensingfacility shall be located on property a roved by the state for cultivating or processin low -THC or medical cannabis, and shall be operated only by the dispensing organization authorized to cultivate or process the low -THC or medical cannabis on that property. Q21 _A minimum of 6 parldng spaces shall be provided; said spaces shall be located, a minimum of 35 feet from right-of-waypavement. O The dispensingfacility shall be located on the property with the following setbacks: 1. From right-of-wU pavement, 60 feet, 2. From rear property line, 25 feet; 3. From side street property line, 25 feet; and 4. From interior side property line, 100 feet. Substitute Agenda. Item No. 5(A) Page 9 (a) The dispensing facility shall be a permanent, enclosed structure that shall not exceed 5,000 square feet. O A dispensing facility shall not be permitted in the area known as Horse Country as identified in Resolution No. R-429-16.« Section 5. Section 33-284.83 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 33-284.83. - Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Urban Center (UC) or Urban Area (UA) Districts, except as provided in this article. The uses delineated herein shall be permitted only in compliance with the Regulating Plans and standards provided in this article. The following regulations outline permitted uses in the R (Residential), RM (Residential Modified), MC (Mixed -Use Corridor), MM (Mixed -Use Main Street), MO (Mixed -Use Optional), MCS (Mixed -Use Special), MCI (Mixed - Use Industrial), ID (Industrial District) and I (Institutional) Land Use Areas. B. Land Use Groups. The uses listed following each group in this section shall be permitted in the land use categories shown in Table (C) subject to the provisions noted for each land use category. Uses provided in Table (C) below not listed in this subsection shall be permitted subject to the provisions noted for each land use area. The Director shall have the authority to determine that a use not specifically enumerated below may nevertheless be permitted in a land use category because it is similar to an enumerated use. Substitute Agenda Item No. 5(A Page 10 (I1) General Retail/Personal Service Establishments: Establishments that provide goods and services geared toward an individual consumer. This group shall include businesses such as: banks; beauty parlors; adult day care; bakeries; bookstores; apparel stores; grocery stores; pharmacies; tailor shops; health clubs; gift shops; indoor pet care centers/boarding and indoor kennels (soundproofed and air-conditioned building required); vehicle retail showrooms; and similar uses. This group shall also include schools offering instruction in dance, music, martial arts and similar activities, but this group shall not include colleges/universities. Except as otherwise authorized in this article, uses enumerated in the BU -3 zoning district shall only be permitted in the MCS and MCI categories and shall be subject to the public hearing and spacing requirements set forth in Section 33-255 of this chapter. >>Dispensing facilities for low -THC or medical cannabis, in accordance with the requirements of article IXA of this chanter, shall also be allowed in areas designated MC, MCS, MCI, and ID Section 6. If, any section, subsection, sentence, clause or provision of this u ,finance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 7. It is the intention of the Board of County Commissioners, and it i:: hereby ordained that the provisions of this ordinance, including any sunset provision, shall bec� :me and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordina ice may be renumbered or relettered to accomplish such intention, and the word 'ordinance" inay be changed to "section," "article," or other appropriate word. r� F. Substitute Agenda Item No. 5(A) Page 11 Section 8. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed,. shall become effective only upon an override by this Board. PASSED AND ADOPTED: . Approved by County Attorney as to form and legal sufficiency: Prepared by: James Eddie Kirtley ~ Dennis A. Kerbel Prime Sponsor: Commissioner Sally A. Heyman 15 -jos - 375 --Si51 1-r cc l 1 / ,� 3aS 375' /d�7 �� vll t Soc 4-1 cf- Re ol9--0 5'.4-11 C3�S J 3 7S - �8Y ( �i , �'� i •�� 11-5 Off^ o S MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES SPACING RESERVATION FOR A LOW -THC / MEDICAL CANNABIS DISPENSING FACILITY All state -approved dispensing organizations that seek to establish a Low -THC / Medical Cannabis dispensing facility (hereinafter, "dispensing facility") in Miami -Dade County shall comply with the following process, pursuant to Article IXA of Chapter 33 of the Miami -Dade County Code: 1. A certified spacing survey must be submitted indicating that the proposed dispensing facility is not located within: • 1 mile of another low -THC or medical cannabis dispensing facility; • 1,000 feet of any child care facility, preschool, kindergarten, elementary school, middle school, junior high school, or religious facility; • 500 feet of any properties in an EU or RU Zoning District (except for RU -5A), or any area designated R in an Urban Center or Urban Area District. The forms included in this packet must be submitted along with the survey and shall serve as the formal instrument for requesting a spacing reservation for a dispensing facility. 2. The Miami -Dade County Department of Regulatory and Economic Resources (the "Department") will review the submittal to verify that the proposed dispensing facility meets the spacing requirements and other criteria outlined in Article IXA. If the spacing reservation is approved, the applicant shall have 180 days to apply for a building/zoning permit or a temporary certificate of use (hereinafter, "temporary CU"). 3. Should the applicant fail to apply for a building/zoning permit or a temporary CU by the close of business on the 180th day, the reservation shall expire. No extensions will be granted. The applicant must wait five business days after the reservation period expires to submit a new reservation request. 4. Once the applicant obtains a temporary CU, the dispensing facility must be established, as herein defined, within 180 days of the date the temporary CU is issued. A dispensing facility is "established" when it receives final authorization from the State to operate and dispense low -THC or medical cannabis. A final CU will be issued upon proof of State authorization. Unless the time period is extended for good cause shown, the temporary CU and the reservation shall be null and void if the dispensing facility is not established within180 days of the issuance of the temporary CU. 5. The CU for the dispensing facility must be renewed annually, subject to the requirements in Section 33-149.5(F) of the Miami -Dade County Code. Please include all the items listed in the Applicant's Checklist. The Department will review the submittal packet for completeness. An incomplete packet will not be accepted, or will be returned. The submission will be stamped with the date and time received. The Department does not have a wait,list; complete submissions will be processed on a first-come, first-served basis. The Department will issue a letter to the dispensing organization within 10 business days of receipt of the submission indicating whether the site for the proposed dispensing facility complies with applicable Zoning Code regulations and is reserved. Please be advised that a spacing reservation is not guaranteed and availability may change from day to day. The dispensing organization may wish to apply at an early stage in their process. You may submit the spacing survey and required forms at the Zoning Information Desk of the Miami -Dade County Department of Regulatory and Economic Resources (the "Department") at 111 NW 1st Street, 11th Floor. Payment of $237.77 in the form of a MONEY ORDER or CASHIER'S CHECK made payable to Miami -Dade County must be included with the application. Please be aware that it is the responsibility of the applicant to adhere to the deadlines and submittal requirements explained herein. Failure to comply with the required deadlines could result in the release of your reservation and inability to establish a dispensing facility at that location. Applicant's acceptance of terms Name of Dispensing Organization: Name of Authorized Representative: I acknowledge and agree to the foregoing procedures and terms to obtain and maintain a Low -THC or Medical Cannabis Dispensing Facility spacing reservation. Authorized Representative Signature Date Ver.1 — 07.13.16 1IPage 0j Date: 1. Name of Dispensing Organization: 2. Dispensing Organization Information: Mailing Address: City: State: 'ip: Phone# Fax# E-mail: 3. Authorized Representative's Information: Name: Company: Mailing Address: City: State: Zip: Phone# Fax# E-mail: 4. Name of Property Owner of Proposed Site for the Dispensing Facility Name: Company: Mailing Address: City: State: Zip: Phone# Fax# E-mail: 5. Name of Proposed Dispensing Facility: 6. Address and Location of Proposed Site for Dispensing Facility (For location, use descriptions, .e., NE corner) 7. Folio Number(s): 8. Present Zoning Classification of the Propose Site for the Dispensing Facility: 9. ❑ Mail/Email reservation letter to: ❑ Pick up reservation letter located at: 111 NW 1st Street, 11th Floor • Miami, Florida 3 6128 (Zoning Information) Ver. 1 — 07.13.16 2 1 P a g e Y T 10. Findings from Spacing Survey The dispensing organization shall submit a survey that has been prepared, signed, and sealed by a licensed surveyor, showing: 1. Any other low -THC or medical cannabis dispensing facility within 1 mile of the proposed location; 2. Any child care facility, preschool, kindergarten, elementary school, middle school, junior high school, or religious facility within 1,000 feet of the proposed location; and 3. Any properties in an EU or RU Zoning District (except for RU -5A), or any area designated R in an Urban Center or Urban Area District within 500 feet of the proposed location. Any such entities shall be identified by type (i.e. child care facility, elementary school, residential zoning, etc.) and include the name and address of each such entity, as well as the distance from the proposed dispensing facility. Where no such entities are found, the survey shall certify that: (a) there are no other legally established dispensing facilities within 1 mile of the proposed dispensing facility; (b) there are no legally established child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed facility; and (c) that the proposed facility is not within 500 feet of any property in an EU or RU Zoning District (except RU -5A), or designated R in an Urban Center or Urban Area District. Ver.1 — 07.13.16 3 1 P a g e 11 11. Legal Description of the proposed Site of the Dispensing Facility: Provide complete legal description, (i.e., lot, block, subdivision name, plat book and page number or metes and bounds. Include section, township, and range). Ver. 1 — 07.13.16 4 1 P a g e J V APPLICANT'S CHECKLIST The following items must be submitted: ❑ Spacing Reservation Form with signed acceptance of terms page ❑ Letter of intent (providing information on the proposed uses and other relevant information regarding the proposed dispensing facility) ❑ Findings from spacing survey ❑ Legal description (must be accurate) ❑ Applicant's Checklist ❑ Approval Letter from the State ❑ Affidavit of Consent from Property Owner(s) (signed by the property owner(s), witnessed, and notarized, providing consent of the owner(s) to the application for a dispensing facility on the property.) ❑ Proof of Authority (proof of authority or a power of attorney may be required to demonstrate the authorization to sign on behalf of the dispensing organization) ❑ Dispensing Facility Spacing Survey (the survey shall comply with the Instructions for surveyors provided in this packet and must show that the proposed site for the dispensing facility complies with the spacing requirements in Section 33-149.5 of the Miami -Dade County Code) ❑ Payment of $237.77 in Money Order or Cashier's Check made payable to Miami -Dade County +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Processed by: Application #: Invoice #: FOR OFFICE USE ONLY Date: Zoning District Collection #: Cashier's Check #: Money Order* Ver.1 — 07.13.16 5 1 P a g e AFFIDAVIT OF CONSENT FROM PROPERTY OWNER/S DISPENSING FACILITY SPACING RESERVATION Property Owner(s): _ Folio #: Property Address: _ City, State, Zip Code: Name of Dispensing Facility subject to the spacing reservation request to which the Affidavit Q )rtains: Before me this date personally appeared the undersigned(s), who after being first duly sworn, iereby state(s) as follows: 1. I(We) am(are) the owner(s) of the above mentioned property. 2. I(We) understand that a request to site a low THC / medical cannabis dispensing facility on m (our) property is being made and I(we) do hereby consent to same. 3. On the basis of this affidavit and accompanying spacing survey signed and sealed by a licem :!d surveyor, the Miami -Dade County Department of Regulatory and Economic Resources may provide a : ;acing reservation letter for the proposed low THC / medical cannabis dispensing facility. 4. This affidavit can and may be placed in the Public Records of Miami -Dade County, Florida. 5. I(We) am(are) familiar with the nature of an oath and with the penalties as provided by the lav of the state for falsely swearing to statements made in an instrument of this nature. Signature Signature Print Name Print Name Sworn to and subscribed before me this day of Affiant(s) is/are personally known to me or produced as identification. Signature Notary Public, State of Print Name My Commission Expires Ver.1 — 07.13.16 6 1 P a g e il Instructions to Surveyors for the Spacing Survey for a Low -THC or Medical Cannabis Dispensing Facility Pursuant to Section 33-149.5 of the Miami -Dade County Code, no low -THC or medical cannabis dispensing facility (dispensing facility) shall be located: within 1 mile from any other low -THC or medical cannabis dispensing facility; within 1,000 feet of any child care facility, preschool, kindergarten, elementary school, middle school, junior high school, or religious facility; within 500 feet of any properties in an EU or RU Zoning District (except for RU -5A), or any area designated R in an Urban Center or Urban Area District. In order to establish a dispensing facility, an applicant must provide a spacing survey (the "survey") in substantially the same form as provided in the instructions herein: 1. The survey shall identify all sites that meet the criteria described below: a. Dispensing facilities within a 1 -mile radius of the proposed dispensing facility. Distances shall be measured by drawing a straight line between the front doors of the respective dispensing facilities. Child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within a 1,000 -foot radius of the proposed dispensing facility. Distances shall be measured by following a straight line from the front door of the proposed dispensing facility to the nearest point of the structure of each listed child care facility, school, and religious facility on the survey. The coordinates of the front door of the proposed dispensing facility must be clearly specified. C. Any property in an EU or RU Zoning District (except RU -5A), or designated R in an Urban Center or Urban Area District within the 500 -foot radius of the proposed dispensing facility. Distances shall be measured by following a straight line from the front door of the proposed dispensing facility to the nearest point of the residential structure. The coordinates of the front door of the proposed dispensing facility must be clearly depicted. 2. A radius map showing the required distances and routes as described above shall be included. The map must clearly depict a multi -ring buffer showing the 1 -mile, 1000 -foot, and 500 -foot, radii, with a label for each radius. The map also must show a point corresponding to the front door coordinates of the proposed dispensing facility. 3. The legend must include the following: a. Name, Address, folio(s), and legal description of the proposed site of the dispensing facility. b. Front door coordinates of the proposed site of the dispensing facility. c. Date of survey. d. Purpose: "The purpose of the survey is to locate all dispensing facilities within 1 mile of the proposed dispensing facility; all child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed dispensing facility; and any property in an EU or RU Zoning District (except RU -5A), or designated R in an Urban Center or Urban Area District within 500 feet of the proposed dispensing facility." 4- e. Methodology: Explain the method used to locate and identify the above establishments / properties. Si. veyors may use the links listed below for assistance in searching for sites, however, it is the sur eyor's responsibility to ensure that the survey includes all relevant sites, regardless of whether uch sites are included in any of the below listed websites. • Charter Schools: http://gis.mdc.opendata.arcgis.com/datasets/2ee624731ebd4Ob386Od79bde64b8c92 _ • Daycares: http://gis.mdc.opendata.arcgis.com/datasets/61 dO9223825c463aacd58323246cf7l a • Head Start: http://gis.mdc.opendata.arcgis.com/datasets/02846f3O7b2b4587bd39f00cbbeO, ;)d0 2 • Private Schools: http://gis.mdc.opendata.arcgis.com/datasets/7139aad1la4O4f639faf6812deb28f7b 3 • Public Schools: http://gis.mdc.opendata.arcgis.coin/datasets/d27bba9dO6964aae96cacb9aa7748fac I f. Surveyor's Notes: If applicable, a list of all sites found within the required radius of the proposed site. (Inclu le name of the establishment, address, and prescribed distance from proposed dispensing facilit, If another dispensing facility is found, include the front door coordinates of said facility.) g. Scale of survey should be 1" to 300'. h. Certification (signed and raised seal of licensed surveyor): The surveyor must certify all that apply with the following text: 1.1 certify that as of (date): there are no dispensing facilit Is within a one -mile radius of the proposed dispensing facility; there are no child care facilities, pr schools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or 'eligious facilities within 1,000 feet of the proposed dispensing facility; and there are no properties, in an EU or RU Zoning District (not including RU -5A), or designated R in an Urban Center or Urb� .i Area District within 500 feet of the proposed dispensing facility." 4. In case of dispute, the measurement scaled by the Director shall govern. Sample Dispensing Facility Spacing Survey Proposed Dispensing Facilty Information Name: Address: Front Door Coordinates: x y Folio/s: Legal Description: Date of Survey: Purpose of Survey: "The purpose of the survey is to locate all dispensing facilities within 1 mile of the proposed dispensing facility; all child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed dispensing facility; and any property in an EU or RU Zoning District (except RU -5A), or designated R in an Urban Center or Urban Area District within 500 feet of the proposed dispensing facility." Methodology: Explain the method used to locate and identify the above establishments / properties. Surveyors may use the links listed in the survey instructions for assistance in searching for sites, however, it is the surveyor's responsibility to ensure that the survey includes all relevant sites, regardless of whether such sites are included in any of the listed websites. Surveyor's Notes: • Front door location of Proposed Dispensing Facility (include coordinates) lJ Name of Proposed Dispensing Facilty If applicable, provide a list of all sites found within the required radius of the proposed site. (Include name of the establishment, address, and prescribed distance from proposed dispensing facility. If another dispensing facility is found, include the front door coordinates of said facility.) Certification (Signed and raised seal of licensed surveyor.) The surveyor must certify all that apply with the following text: "I certify that as of (date): there are no dispensing facilities within a one -mile radius of the proposed dispensing facility; there are no child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed dispensing facility; and there are no properties in an EU or RU Zoning District (not including RU -5A), or designated R in an Urban Center or Urhan Area District within 500 feet of the proposed dispensing facility." Scale (Please provide survey at a 1" to 300' scale) �YIIIII ��■G IIII =iullll I �.1!llTl������ 11111 �,, 1 ! ,_ _.111111111 . .111111 _ �� �mltnl�l ■ ■ ■ �—� I� _ ��■■�11��' `:�,�i�" ° p p-.. ; ■ •�•� =E�� ���dllll � - • �_���.� m .p ■ � tr ■ C, �mf11111= — I ■ ■■■■■■■■■P �II'IInT• •;. Vii'■�■ sG -�,�IIIs, ■II' n'\_iF �� �nl�mn ...........rn■' ImnnQ n '11:!.!1110 111111. - 1�.[Illl nnmm nnn� ' _ '= 111 [iilll ■� ���r �t� ^�1� IIIIIIII1111111111111 l1u I .: 11 � ■ , 1 ■■1111' . nni° 71111111 .■ , ��. �� � � 1111111111 � �■ ■ 111 11111 1111111111111 ■L■r ■nom■ N� lit/ �.■■ :■ IIIIIIIIII = 4�1 m .0 1111111lItn ■ � g� ■ 1111!!1111 :■ ■■ ■■ .- _ nnnnml� � •••• •• ' � rI Inll.,:mimm�unulm I�IIOI:1 W^��•��;7111 x1161111:'.7!11111131 ■� �' + �r. 7• _ e v 1111111111 a _- 9 �■, tP• , i!9I I IIII I e_ � 1-11RS',i �� rn r 11ln n U `ri iii�noiiniiii . ■■ 1111 111111 � 1 1 111: 1 -���� ■1�� 111■ 1-T. ��� �:; : I■IIS 11111 j ■n Proposed Dispensing Facilty Information Name: Address: Front Door Coordinates: x y Folio/s: Legal Description: Date of Survey: Purpose of Survey: "The purpose of the survey is to locate all dispensing facilities within 1 mile of the proposed dispensing facility; all child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed dispensing facility; and any property in an EU or RU Zoning District (except RU -5A), or designated R in an Urban Center or Urban Area District within 500 feet of the proposed dispensing facility." Methodology: Explain the method used to locate and identify the above establishments / properties. Surveyors may use the links listed in the survey instructions for assistance in searching for sites, however, it is the surveyor's responsibility to ensure that the survey includes all relevant sites, regardless of whether such sites are included in any of the listed websites. Surveyor's Notes: • Front door location of Proposed Dispensing Facility (include coordinates) lJ Name of Proposed Dispensing Facilty If applicable, provide a list of all sites found within the required radius of the proposed site. (Include name of the establishment, address, and prescribed distance from proposed dispensing facility. If another dispensing facility is found, include the front door coordinates of said facility.) Certification (Signed and raised seal of licensed surveyor.) The surveyor must certify all that apply with the following text: "I certify that as of (date): there are no dispensing facilities within a one -mile radius of the proposed dispensing facility; there are no child care facilities, preschools, kindergartens, elementary schools, middle schools, junior high schools, high schools, or religious facilities within 1,000 feet of the proposed dispensing facility; and there are no properties in an EU or RU Zoning District (not including RU -5A), or designated R in an Urban Center or Urhan Area District within 500 feet of the proposed dispensing facility." Scale (Please provide survey at a 1" to 300' scale) [U I I -"1V;FSI'J Low THC Cannabis &Medical Cannabis Approved Dispensing Organization Trulieve—Gadsden County CHT Medical—Alachua County The Green Solution—Alachua County Knox Medical—Orange County GrowHealthy—Polk County _� Surterra Therapeutics—Hillsborough County Modern Health Concepts—Miami-Dade County HEAM ' Alachua Orange Polk (D �yP S� Miami -Dade 01/11/17 " w Dispensing Application Process I Florida Department of Health Page 1 of 4 It's a New Day in Public Health. The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts. 0) CIBI HE LT1 11 (/index.html) '._.................. ..__..__. -� Search About Us (http://www.floridahealth.gov/about-the-department-of-health/about-us/index.htmi) I Contact Us (http://adminappsdoh35.doh.state.fl.us/ContactUs/DOHContacts.aspx) I Newsroom (http://www.floridahealth.goWnewsroom/index.html) Programs & Services Licensing & Regulation Statistics & Data Diseases & Conditions Environmental Health (/programs -and- (/licensing -and- (/statistics -and- Certificates (/diseases -and- (/environmental- services/index.html) regulation/index.html) data/index.html) (/certificates/index(ittdtt)ons/index.html) health/index.html) Office of compassionate Use Home (../../../../index.html) » Programs & Services (../../../index.html) » Office of Compassionate Use (/programs-and-services/office- (../../index.html) » Dispensing Organizations (../index.html) » Dispensing Application Process of-compassionate- use/index.html) About Us (/programs-and- services/office-of- compass ionate-use/about- us/index.html) Compassionate Use Registry (/programs-and- services/office-of- compassionate- use/com passionate-use- registry/index.html) Patients (/programs-and- services/office-of- compassionate- use/patients/i ndex.htm I) Physicians (/programs - a nd-s ervices/offi c e-of- compassionate- use/physician- requ irements/index.htm I) Dispensing Organizations (/programs-and- services/office-of- compassionate- use/dispensing- organizations/index.htm I) Dispensing Application Process (/programs-and- services/office-of- compassionate- use/dispensing- org a n izati on s/d ispen si ng- application- processlndex.html) Dispensing Application Process Applications The application period for dispensing organization approval ended July 8, 2015, at 5:00pm. Redacted copies of the applications, scorecards, and letters to the applicants may be found below. The department is not accepting applications to become a dispensing organization. • ADDlicants (httD://www.floridahealth.eov/Droizrams-and-services/office-of-comDassionate- use/ documents/dispensing-organization-applicants.pdf) • Application (DH8006) (http://www.floridahealth.gov/programs-and-services/office-of- compassionate-use/ documents/64-4-application-dh8006.pdf) • Score Card (DH8007) (http://www.floridahealth.gov/programs-and-services/office-of- compassionate-use/ documents/64-4-scorecard-dh8007.pdf) . .. Dispensing Organization Letters v All Letters (../../ documents/all-approval-letters.pdf) Dispensing Organization Applications i Northwest Region E Northeast Region Central Region *Knox Nursery (Knox Medical) (htto://www.floridahealth.ciov/ media/ocu/knox.zi *McCrory's Sunny Hill Nursery (GrowHealthy) (httn://www.floridahealth.gov/ media /ocu/mccrorys-sunny-hill- nursery.zia) Deleon's Bromeliads (http://www.floridahealth.ciov/ media/ocu/deleon.zip) Dewar Nurseries (httr)://www.floridahealth.ciov/ media/ocu/dewar.zii)) http://www. floridahealth. gov/programs-and-services/office-of-compassionate-use/dispensin... 4/6/2017 Dispensing Application Process I Florida Department of Health Law Enforcement (/programs-and- services/office-of- com passionate-use/law- enforcement/i ndex.html) Resources (/programs- v and-services/office-of- compassionate- use/resources/index. html) Frequently Asked Questions (/programs-and- services/office-of- compassionate- use/frequently-as ked - q uestions/index.html) OCU Public Comment Form (/programs-and- services/office-of- compassionate- use/comment- form/!ndex.html) Office of Compassionate Use �. 850-245-4657 (tel:850-245- 4657) 0 CompassionateUse@flhealt: h.gov(mailto:Compassiona ; i teUse@flhealth.gov) 7 Mailing Address 4052 Bald Cypress Way, i Tallahassee, FL 32399 Page 2 of 4 Razbuton (http://www.floridahealth.gov/ media/ocu/razbuton.zip). Redland Nursery_(http://www.floridahealth.ciov/ media/ocu/redland: nurserv.zip) Spring Oaks Greenhouses (http://www.floridahealth.gov/ media/ocu springs - oaks -green houses. zip) Treadwell Nursery (http://www.floridahealth.gov/ media/ocu/treadvt j]- nursery-application.zip) Southwest Region Southeast Region *Approved dispensing organization Reviewer Scorecards • Ellyn Hutson Scorecards (http://www.floridahealth.gov/ media/ocu/e-hust( ;i_ scorecards.ziol • Patricia Nelson Scorecards (http://www.floridahealth.gov/ media/ocu/p-ne on- scorecards.zip) • Christian Bax Scorecards (http://www.floridahealth.gov/ media/ocu/c-bax- ;:orecards.zip) Administrative Hearing Petitions • Petition -Tree King -Tree Farm (http://www.floridahealth.gov/programs-an :: services/office-of-compassionate-use/ documents/petition-tree-king-tree-1 ,rm. d • Petition - Redland Surterra (http://www.floridahealth.gov/programs-and-s( ;vices/office- of-compassionate-use/ documents/petition-redland-surterra.pdfl • Petition - Redland Surterra (2) (http://www.floridahealth.gov/programs-an( services/office-of-compassionate-use/ documents/petition-redland-surterl 12.pdf) • Petition - Alpha-Surterra (http://www.floridahealth.gov/programs-and-ser\ ;:es/office-of- compassionate-use/ documents/petition-alpha-surterra.pdfl • Petition - San Felasco (http://www.floridahealth.gov/programs-and-service office -of - compassionate -use/ documents/petition-san-felasco.pdfl • Amended Petition - Plants of Ruskin (http://www.floridahealth.gov/progral s -and - se rvi ces/offi ce-of-co m pass ion ate -use/ documents/amended-petition-plant of-ruskin.pdfl • Amended Petition - Perkins (http://www.floridahealth.gov/programs-and-s rvices/office- of-compassionate-use/ documents/amended-petition-perkins.pdf) • Petition - Loops' Nursery (2) (http://www.floridahealth.izov/programs-and ;rvices/office- of-compassionate-use/ documents/loops-nursery-2.pdf) • Petition - Loops' Nursery (3) (http://www.floridahealth.gov/pro,grams-and ;rvices/office- of-compassionate-use/ documents/loops-nursery-3.pdfl • Petition - McCrory's Sunnhill Nursery (2) (http://www.floridahealth.goWpro Dams-and- services/office-of-compassionate-use/ documents/mccrorys-2.pdf) • Petition - Treadwell Nursery (http://www.fioridaheaIth.gov/programs-and_ ;!rvices/office- of-compassionate-use/ documents/treadwell-nursery.pdfl • Petition - Loop's Nursery (http://www.floridahealth.gov/programs-and-ser\ ,r_es/office-of- compassionate-use/ documents/petition-loops-nursery.pdfl • Petition - Tornello Landscape (http://www.floridahealth.goWprograms-and services/office-of-compassionate-use/ documents/petition-tornello-landsc pe.pdfl • Petition - San Felasco (2) (http://www.floridahealth.goWprograms-and-ser\j ;:es/office-of- compassionate-use/ documents/petition-san-felasco2.pdfl • Petition - McCrory's Sunnyhill Nursery (http://www.floridahealth.gov/progr i-ns-and- services/office-of-compass ion ate- use/ documents/petition-mccrorys-sunn_ ;iill- nursery_pdfl • Petition - Dewar Nuseries (http://www.floridahealth.gov/programs-and-ser ices/office-of- compassionate-use/ documents/petition-dewar-nurseries.pdfl • Petition - Tropiflora (http://www.floridahealth.gov/programs-and-services/i. ffice-of- compassionate-use/ documents/petition-tropiflora.pdfl • Petition - Chestnut Hill (http://www.floridahealth.gov/programs-and-servicg ;s/office-of- compassionate-use/ documents/petition-chestnut-hill.pdfl http://viww. floridahealth. gov/programs-and-services/office-of-compassionate-use/dispensii -I... 4/6/2017 Dispensing Application Process I Florida Department of Health #HealthiestWeightFL 65% of adults in Florida are at an unhealthy weight. 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Office of Compassionate Use (/prog rams-and-services/office- of-compassionate- use/index.html) About Us (/programs-and- services/office-of- com pass i onate-use/a bout. us/index.html) Compassionate Use v Registry (/programs-and- services/office-of- compassionate- use/com pass io nate-use- registry/index.html) Patients (/programs -and= v services/office-of- compassionate- use/patients/i ndex.html) Physicians (/programs- v an d-services/office-of- compassionate- use/physician- requ irements/index.htm i) Dispensing v Organizations (/programs-and- services/office-of- compassionate- use/dispensing- orga nizati o ns/in d ex. htm l) Law Enforcement (/programs-and- services/office-of- com pass ionate-use/law- enforceme nUi ndex. htm I ) Resources (/programs- v and-services/office-of- Page 1 of 6 Search About Us (http://www.floridahealth.goWabout-the-department-of-health/about-us/index.html) I Contact Us (http://adminappsdoh35.doh.state.fl.us/ContactUs/DOHContacts.aspx) I Newsroom (http://www.floridahealth.goWnewsroom/index.htmi) Licensing & Regulation Statistics & Data Diseases & Conditions Environmental Health (/licensing -and- (/statistics -and- Certificates (/diseases -and- (/environmental- regulation/index.html) data/index.html) (/certificates/indeEchtcM)ons/index.html) health/index.html) Home (../../../index.html) » Programs & Services (../../index.html) »,Office of Compassionate Use (../index.html) » Frequently Asked Questions Frequently Asked Questions 1) QUESTION: Can I access medical marijuana for the expanded conditions under Amendment 2? Answer: It is the responsibility of the qualified ordering physician (httD://www.floridahealth.eov/DroRrams-and-services/office-of-com Dassionate- use/ documents/completed-cme.pdf) to follow Florida constitution and statute, diagnose patients and determine if medical marijuana is an appropriate treatment. Florida law has several requirements for patients to be eligible: • A patient must have been diagnosed with a qualifying condition. • A patient must be a Florida resident. • If under the age of 18, a patient must have a second physician agree to the use in order to obtain an order from a qualified physician. • A patient must have tried other treatments without success. • An ordering physician must determine the risks of use are reasonable in light of the benefit to the patient. • A patient must be registered with the Compassionate Use Registry by their ordering physician. • A patient must be receiving treatment from a qualified ordering physician during the immediate preceding 3 months prior to an order being placed. • The Department is in the process of developing a patient identification card program. Please check this website for updates. The Department is committed to quickly moving through the rulemaking process to create a regulatory structure for Amendment 2. For information about the rulemaking process, please visit click here(httr)://www.floridahealth.eov/Droerams-and-services/office-of-comDassionate- use/resources/rulemaking/index.htmll. In partnership with law enforcement, enforcement actions initiated by the department against patients, doctors and businesses will be focused on those operating outside the regulatory structure in Florida law (http://www.leg.state.fl.us/Statutes/index.cfm? ADD mode=DISDIav Statute&Search String=&URL=0300-0399/0381/Sections/0381.986.htm1). It is important to remember marijuana is illegal under federal law. 2) QUESTION: Where can I get medical marijuana? http : //www. floridahealth. gov/programs-and-services/office-of-compassionate-use/frequentl... 4/6/2017 Frequently Asked Questions I Florida Department of Health Page 2 of 6 '� compassionate- ANSWER: A patient must first seek treatment from a qualified physician for at le ist three us e/resou rces/i ndex. htm 1) months immediately preceding their order for medical marijuana. Once the ord, ring physician __n_. m_ _._.r ......_..._ inputs the patient's information and the order information into the Compassion to Use Patient Frequently Asked Questions Registry, the patient or the patient's legal representative will then be able to con :act one of the (/programs -and- licensed dispensing organizations (http://www.floridahealth.gov/programs-and; ;!rvices/office- services/office-of- of-compassionate-use/dispensing-organizations/index.html) and fill the order. compassionate- use/frequently-asked- 3) QUESTION: Can my dispensing organization (http://www.floridahealth.gov/pi grams-and- ciuestions/index.htm1) services/office-of-compassionate-use/dispens ing-organizations/index.htm1) pro\ de medical marijuana for the conditions listed in the amendment? OCU Public Comment Form (/programs -and- ANSWER: It is the responsibility of the qualified ordering physician to follow the ;fw, diagnose services/office-of- patients and determine if medical marijuana is an appropriate treatment. The d pensing compassionate- organization must confirm an order in the Compassionate Use Registry and con rm the use/comment- patient's identity. The dispensing organization does not have access to informat an regarding form/index.html) diagnosis. ✓ 4) QUESTION: Are there any restrictions once I obtain medical marijuana orderc :I by a qualified Office of Compassionate physician and dispensed by a licensed dispensing organization? i i 650-245.4657(tel:850-245- ANSWER: Yes, the medical use of marijuana does NOT include the following: i 4657) 8 CompassillwCo masa na i h.gov(mailto:Compassiona • The transfer to a person other than the qualified patient for whom it was c dered or their teUse@flhealth.gov) s legal representative. -i Mailing Address • The use or administration on any form of public transportation, in any pub c place, in a i 4052 Bald Cypress Way, i Tallahassee, FL 32399 $ qualified patient's place of employment, if restricted by his or her employe in a state correctional institution, on the grounds of a preschool, primary school, or, !condary school or any school bus or vehicle. 5) QUESTION: Can I grow my own marijuana? ANSWER: No. Florida law (http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&Search String=&URL=0300-0399/0381/Sections/031 :1.986.html) only allows the licensed dispensing organizations to grow, process and dispense rnarijuana. The department will refer any business or individual suspected of violating statE law to local law enforcement for investigation. It is important to remember marijuana is illef; ill under federal law. 6) QUESTION: How do I'apply to open a Medical Marijuana Treatment Center? ANSWER: The Department is currently in the process of rulemaking and is not a cepting applications for MMTCs at this time. To learn more about rulemaking for Amenc! anent 2. please click here (http://www.floridahealth.gov/programs-and-services/office-of-compa sionate- use/resources/rulemaking/index.html). The department will refer any business ( r individual suspected of violating state law to local law enforcement for investigation. It is it iportant to remember marijuana is illegal under federal law. 7) QUESTION: Can I order medical marijuana for my patients? ANSWER: In order to qualify to order medical marijuana for patients, a physicial must have an active, unrestricted license as a physician under Chapter 458, F.S., or osteopathi physician under Chapter 459, F.S. Physicians who meet the above requirements may gain access to the Compassionate Use Registry after completing the required 8 -hour course and a amination provided by the Florida Medical Association and the Florida Osteopathic Medica ,Association. Successful completion of the course is required each time a physician renews hi or her license. Physicians may only order medical marijuana for a patient if he or she has treat 13 that patient during the immediate preceding 3 months. 8) QUESTION: Can I order for the conditions listed in Amendment 2? ANSWER: It is the responsibility of the qualified ordering physician (httD://www.floridahealth.Eov/r)rograms-and-services/office-of-co mr)assionate use/ documents/completed-cme.pdfl to follow Florida constitution and statute, ;liagnose patients and determine if medical marijuana is an appropriate treatment. The D !partment is committed to quickly moving through the rulemaking process to create a regula ory structure for Amendment 2. For information about the rulemaking process, please click Kl,re (httr)://www.floridaheaIth.Lyov/Droera ms-and-services/office-of-comDassionate- use/resources/rulemaking/index.html). In partnership with law enforcement, er 1'orcement http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/frequeni 1... 4/6/2017 �1` Frequently Asked Questions I Florida Department of Health Page 3 ,of 6 actions initiated by the department against patients, doctors and businesses will be focused on those operating outside the regulatory structure in Florida law (http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&Search String=&URL=0300-0399/0381/Sections/0381.986.html),It is important.to remember marijuana is illegal under federal law. 9) QUESTION: What is the difference between low -THC cannabis and medical cannabis? ANSWER: Low -THC cannabis means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof, the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. Low -THC cannabis contains very low amounts of the psychoactive compound THC, and typically does not result in the "high" often associated with medical cannabis. Medical cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the. plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295. Medical cannabis contains significant levels of the cannabinoid THC, and can result in the euphoric "high" sensation. 10) QUESTION: What is a cannabis delivery device? ANSWER: A cannabis delivery device is an object intended for use or designed for use in preparing, storing, ingesting, inhaling or otherwise introducing low -THC cannabis or medical cannabis into the body. 11) QUESTION: What qualifies as a terminal condition? ANSWER: A qualified physician may order medical cannabis for a patient with a terminal condition that is attested to by the patient's physician and confirmed by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition. Patient is defined in section 499.0295. Florida Statutes (http://www.le,g.state.fl.us/statutes/index.cfm? mode=View% 20Statutes&SubMenu=1&App mode=Display Statute&Search String=499.0295&URL=0400- 0499/0499/Sections/0499.0295.html). Florida law defines a terminal condition as a "progressive disease or medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be reversible even with the administration of available treatment options currently approved by the United States Food and Drug Administration, and, without the administration of life-sustaining procedures, will result in death within one year after diagnosis if the condition runs its normal course." 12) QUESTION: What are the requirements to become a qualifying patient? ANSWER: Florida law has several requirements for patients to be eligible to receive low -THC cannabis or medical cannabis. • A patient must have been diagnosed with a qualifying condition. • A patient must be a Florida resident. • If under the age of 18, a patient must have a second physician agree to the use of low - THC cannabis or medical cannabis in order to obtain an order from a qualified physician. • A patient must have tried other treatments without success. • An ordering physician must determine the risks of using low -THC cannabis or medical cannabis are reasonable in light of the benefit to the patient. • A patient must be registered with the Compassionate Use Registry by their ordering physician. 13) QUESTION: How do patients find qualified physicians who can order low -THC cannabis, medical cannabis or cannabis delivery devices? ANSWER: A list of physicians authorized to order low -THC cannabis, medical cannabis or cannabis delivery devices for patients is located on the Patient's tab on the Office of Compassionate Use website. http: //Www. floridahealth. gov/programs-and-services/office-of-compassionate-use/frequentl... 4/6/2017 Frequently Asked Questions I Florida Department of Health Page 4 of 6 "� 14) QUESTION: What are the requirements for a Medical Director of a Dispensir Organization? ANSWER: A medical director must hold an active, unrestricted license as a physi !an under Chapter 458, Florida Statutes or as an osteopathic physician under Chapter 459, lorida Statutes. They must also complete a 2 -hour continuing education course and ex. ruination. A link to the course and examination is available on the For Physician's tab locatec on the Office of Compassionate Use website. 15) QUESTION: Who can sell low -THC cannabis or medical cannabis? ANSWER: Florida has seven authorized dispensing organizations: CHT Medical (( 'lestnut Hill Tree Farm), The Green Solution (San Felasco Nurseries), Trulieve (Hackney Nursc y), Surterra Therapeutics (Alpha Foliage, Inc.), Modern Health Concepts (Costa Nursery Farm :), Knox Medical (Knox Nursery), and GrowHealthy (McCrory's Sunny Hill Nursery) 16) QUESTION: How can a patient purchase low -THC cannabis or medical canna is? ANSWER: A qualified patient must first seek treatment from a qualified physicia� for at least three months immediately preceding their order for low -THC or medical canna is. Once the ordering physician inputs the patient's information and the order information in o the Compassionate Use Patient Registry, the patient or the patient's legal represents :ive will then be able to contact one of the seven licensed dispensing organizations and fill th(order. 17) QUESTION: Who can purchase cannabis from a dispensing organization? ANSWER: Dispensing organizations may only provide low -THC cannabis, medica cannabis or a cannabis delivery device to a qualified patient or a qualified patient's legal repre ?ntative. 18) QUESTION: Who can be a qualified patient's legal representative? ANSWER: A legal representative is a qualified patient's parent, legal guardian ac ng pursuant to a court's authorization as required under section 744.3215(4), Florida Statute.,health care surrogate acting pursuant to the qualified patient's written consent or a court's i.sthorization as required under section 765.113, Florida Statutes or an individual who is authc: 1zed under a power of attorney to make healthcare decisions on behalf of the qualified patien :. 19) QUESTION: How much low -THC cannabis or medical cannabis can a qualifyis g physician order for a patient? ANSWER: Qualifying physicians can order no more than a 45 -day supply and a c nnabis delivery device needed by the patient for the medical use of low -THC cannabis o medical cannabis. 20) QUESTION: Will low -THC cannabis and medical cannabis be inspected and tr Aed? ANSWER: Yes. Low -THC cannabis and medical cannabis must be processed with 'i an enclosed structure away from other plants and products. Dispensing organizations are re uired to test the processed low -THC cannabis and medical cannabis before they are dispense :I. The results must be verified and signed by two employees of the dispensary. The dispensing organization must reserve two processed samples from each batch and retain them for at lez t nine months. Cannabis test results must indicate that low -THC cannabis meets the definition ( f low -THC cannabis and that all medical and low -THC cannabis is safe for human consump ion and free from contaminants. The dispensing organization must also contract with an independent testing lab. ratory to perform audits on the dispensing organization's standard operating procedures, 1:esting records and samples. 21) QUESTION: What are the packaging requirements for low -THC cannabis or r, edical cannabis? ANSWER: Packaging of low -THC and medical cannabis should be in compliance rith the United States Poison Prevention Packaging Act of 1970 (15 U.S.C. ss. 1471 et seq.) They! Ihould be packaged in a receptacle that has a firmly affixed and legible label with the follm ing information: http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/frequent 1... 4/6/2017 ..1' Frequently Asked Questions I Florida Department of Health Page 5 of 6 • A statement that the low -THC or medical cannabis has been properly tested • The name of the dispensing organization from which the product originates • The batch number and harvest number from which the product originates 22) QUESTION: Who needs to have a Compassionate Use Registry identification card? ANSWER: Florida rule 64-4.011, F.A.C. requires all patients and legal representatives to have a Compassionate Use Registry identification card to obtain medical cannabis, low -THC cannabis, or a cannabis delivery device from a licensed dispensing organization. 23) QUESTION: How do I use Compassionate Use Registry identification card? ANSWER: Patients and legal representatives must provide their Compassionate Use Registry identification card to dispensing organizations in order to obtain medical cannabis, low -THC cannabis, or a cannabis delivery device. Compassionate Use Registry identification cards may also be used to assist in verifying that a patient or legal representative are in the Department of Health's Compassionate Use Registry. 24) QUESTION: How do I apply for a card? ANSWER: The Department accepts applications from patients and legal representatives. Patients must be entered into the Compassionate Use Registry by a qualified physician to receive a card. Applications may be submitted online through the Compassionate Use Registry, or mailed to the Office of Compassionate Use. All applications must include a full -face, passport -type color photograph taken within 90 day, and a registration fee of $75. More information on the application process can be found here: http://www.floridahealth.goW000 (../index.html) 25) QUESTION: If I am a patient, may I also serve as a legal representative for someone else? ANSWER: Yes. However, a patient wishing to serve as a legal representative for someone else must apply separately for a legal representative card and a patient card. .26) QUESTION: If I am a legal representative, may I serve more than one patient? ANSWER: Yes. By law, a legal representative must have the name of each patient printed on his or her card. Legal representatives adding a new patient must request a new card. 27) QUESTION: Can I obtain medical cannabis or low -THC cannabis while my card application is being processed? ANSWER: Yes. The Office of Compassionate Use will send patients and legal representatives a temporary Compassionate Use Registry identification card once their card application has been approved. Temporary cards may not be used once a patient has been sent a permanent card. 28) QUESTION: How do I renew my card? ANSWER: To maintain an active Compassionate Use Registry identification card, a patient and/or legal representative must annually submit a renewal application, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date. 29) QUESTION: What happens if I need to change the information on my card? ANSWER: Requests to replace a lost or stolen card will require the cardholder to submit a Change, Replacement or Surrender Request Form, along with a copy of his or.her Florida driver's license or identification card and a $15 replacement fee. Medical marijuana is available in Florida, however, remains illegal under federal law. MealthiestWeightFL Connect With DOH 65% of adults in Florida are at an unhealthy weight. (nnps(xx�� http ://www. floridahealth. gov/pro grams-and-services/office-of-compassionate-use/frequentl... 4/6/2017 Frequently Asked Questions I Florida Department of Health FEATURED PROGRAMS FloridaHealth Across the State 1'1�T-z"�t Surgeon General and Secretary (http://www.f rent-of-health/about- us/ssg/index.html) Tobacco Free Dr. Celeste Philip Florida (http://www.floridahealth:gov/about-the- depa rtment-of-health/a bout-us/ssg/index.html) (http://www.tobaccofreeflorida.com/) About the Department (http://www.floridahealth.gov/a bo ut-the- department-of-health/about- us/index.html) News (http://v,fww.floridahealth.gov/newsroom/index.htmi) Public Meeting Notices (http://www.floridahea Ith.gov/about-the- department-of-health/about-us/sunshine- info/public-meeting-notices/index.html) Public Records Requests (http://www.florida health.gov/about-the- department-of-hea Ith/a bout-us/sunshine- info/public-records-requests/index.html) Careers (https://peoplefirst.myflorida.com/) Internships (http://www.flori da h ea lth.gov/provider-a nd- pa rtner-resources/internships/i ndex.html) Social Work (http://www.floridahea lth.gov/provider-a nd- pa rtner-resources/social-work/index.html) County Health Departments (http://www.floridaheaIth.gov/programs- a nd-services/co u nty-health- departments/fi n d-a-county-health- department/county-health- departments/CHDIisting.html) Boards, Councils & Committees (http://www.floridahealth.gov/provider- and-partner-resources/advisory- councils-stakeholder-groups/index.html) Page 6 of 6 ` Statistics & Data (http://www.floridahealth.gov/ :atistics- and-data/index.html) Annual Regulatory Plans (http://www.floridahealth.gov/licensii and- regulation/reports-and-publications/: inual- regulatory-plans.html) EMSTARS (http://vfww.floridaemstars om/) FLHealthCharts (http://www.flhealthc arts.com/) Inspection Reports (http://www.floridahealth.gov/statisti i-and- data/index.htmq Request Vital Statistics Research DaU (http://www.floridahealth.gov/statisti :-and- data/data-and-statistics/index.htm q Health Professional Licensure (https://ww2.doh.state.fl.us/D(. 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HEALTH Site Map (http://wvfw.floridahealth.gov/site-mal2.html) Disclaimer (http://www.floridahealth.,gov/disclaimer.htmi) Accessibility Information (http://www.floridahealth.gov/accessibility-information.htmi) Email Adviso[y(httr)://www.floridahealth.RoWemail-adviso[y.html) Social Media Disclaimer(http://www.floridahealth.gov/social-media-disclaimer.html) http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/frequent i... 4/6/2017 TO: MEMORANDUM Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: Abigail Price -Williams County Attorney DATE Agenda Item No. 5 (A) (Public Hearing 7-6-16) June 21, 2016 SUBJECT: Ordinance pertaining to zoning; creating Article IXA of Chapter 33 of the Code; amending sections 33-238 and 33-284.83; establishing zoning regulations for the dispensing of low -THC cannabis and medical cannabis The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. APW/cp Abigai rice -Williams County ttorney Date: July 6, 2016 To: Honorable Chairman Jean Monestime and Members, Board of CoTe-, From, Carlos A, Gimenez - -- Mayor Subject: Fiscal Impact Statement for Ordinance Dispensing of low -THC Cannabis and sm Memorandum 20"AE issioners ishing Zoning Regulations for the I Cannabis The proposed ordinance perialning to zoning creates Article IXA of the Chapter 33 of the Code of Miami -Dade County establishing zoning regulatory framework for the location and permitting of establishments that dispense low -THC cannabis or medical cannabis, and amends Section 33-.: 38 and 33-284.83 of the Code, It is anticipated that the implementation of this ordinance will not have a fiscal impact to Mia-ii - Deputy Mayor Rs07t16 161473 MIAMbD 1 Memorandum tN Date: July 6,. 2016 To: Honorable Chairman Jean Monestime and Members, Board of Count r missioners From: Carlos A. Gimenez Mayor Subject: Social Equity Impact Statement for ng Ordinance Establishing Zoning Regulations for the Dispensing of low -THC Cannab and Medical Cannabis The proposed ordinance amends the existing Code to establish the zoning regulations related to the location and permitting of establishments that dispense low -THC cannabis or medical cannabis. More specifically, the proposed ordinance does the following: • Sets the minimum distance between any establishment dispending low -THC and medical cannabis and child care facilities, preschools, schools, or religious facilities (1,000 feet); certain zoning districts designated as residential (500 feet); and other establishments dispensing same (one mile). • Requires the establishment to obtain an annual certificate of use and includes language that (i) a certificate of use shall not be renewed if there are open enforcement cases or if the establishment has cases pending before the Nuisance Abatement Board, and (ii) a certificate of use shall be revoked if the establishment has been found guilty of three (3) or more violations pertaining to the dispensing use, or has been determined as a nuisance by the Nuisance Abatement Board. • Sets operating hours (between 7 a.m. and S p.m, daily) and also prohibits the dispensing, receipt,. payment, and consumption of low -THC and medical cannabis, as well as the consumption of alcohol, outside of the dispending establishment. The proposed ordinance intends to ensure that these establishments are at a minimum distance from child care facilities, schools, religious facilities, certain areas designated as residential, and other businesses dispending the same products. Without this amendment to the Code, any business wlshing to dispense these products would be able to establish itself in a BU zoning district regardless of its distance to these aforementioned institutions and residential neighborhoods. The cost of compliance, such as obtaining an annual certificate of use or penalties for violating any provisions of the Code, will be borne by the business establishment. Additionally, by setting minimum distance standards from certain institutions and residential neighborhoods, this proposed ordinance controls the number of locations available to these establishments. Jack OdeWolt" Deputy Mayor 161473 3 AMMORAINDUM (Revised) TO: Honorable Chairman Jean Monestime , and Members, Board of County Commissioners W'�1� Please note any items checked. DATE: July 6, 2016 SUBJECT: Agenda l emNo. 5(A) "3 -Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing bu lget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 213's , 315's unanimous ) to approve Current information regarding funding source, index code and avai able balance, and available capacity (if debt is contemplated) required 2 oi Approved Mayor Agenda Item No. Veto 7-6-16 Override ORDINANCE NO. ORDINANCE PERTAINING TO ZONING; CREATING ARTICLE IXA OF CHAPTER 33 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; AMENDING SECTIONS 3 3-23 8 AND 33-284.83; ESTABLISHING ZONING REGULATIONS FOR THE DISPENSING OF LOW -THC CANNABIS AND MEDICAL CANNABIS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE 5,(A) BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. Article IXA of Chapter -33 of the Code of Miami -Dade County, Florida, is hereby created to read as follows:' >>ARTICLE IXA — LOW -THC CANNABIS AND MEDICAL CANNABIS DISPENSING FACILITIES Sec. 33-149.1- Intent Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4 authorize a limited number of dispensing organizations throughout the State of Florida to cultivate, process, and dispense low -tetrahydrocannabinol (low -THC) cannabis and medical cannabis for use bXqualified patients suffering cancer, terminal conditions, and certain chronic conditions. The dispensing organizations must be approved by the Florida Department of Health and, once approved, are subject to state regulation and oversight. The intent of this article is to establish the criteria for the location and permitting of establishments that dispense low -THC cannabis or medical cannabis in accordance with Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64-4. Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. 15 Agenda Item No. 5 A) Page 2 Sec. 33-149.2 - Applicability The provisions of this article shall be applicable in the unincorporated areas of Miami -Dade County. This article shall only be construed to allow the dispensing of low -THC cannabis or medical cannabis for medical use. The sale of cannabis or marijuana is prohibited in Miami -Dade County except in accordance with this article. Sec. 33-149.3 - Defmitions Except as provided herein, all terms shall be defined in accordance with this chapter and Section 381.986, Florida Statutes, as may be amended from time to time: "Dispensin fg acility" refers to the building or structure where low -THC cannabis or medical cannabis, as well as cannabis delivery devices, are dispensed at retail. B "Low -tetrahydrocannabinol cannabis" or "low -THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight, the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. "Medical cannabis" means all parts of any plant of the genus Cannabis, whetherrg_owing or not; the seeds thereof; the resin extracted from any part of the plant; and every_ compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient. "Medical use" means administration of the ordered amount of low -THC cannabis or medical cannabis. The term does not include the: Possession, use, or administration of low -THC cannabis or medical cannabis by smoking; or R Agenda Item No. 5(A) Page 3 Q Transfer of low -THC cannabis or medical cannabis tq a person other than the qualified patient for whom it was ordered or the ugfied patients legal .Tepresentative authorized to receive it n the Qualified patient's behalf. Use or administration of low -THC cannabis or medical cannabis: i. on any form of public transportation. ii. in any public place. iii. In a qualified patient's place of employment, if restricted by his or her employer. iv. In a correctional^ institution. V. on the grounds of any child care facility, preschool, or school. vi. on or in any vehicle, aircraft, or motorboat. Sec. 33-149.4 — Zoning districts where dispensing allowed. Dispensing of low -THC or medical cannabis shall be permitted in the BU -1, BU -IA; 'BU -27 BU -3 Zoning Districts and in areas designated MC, MCS and MCI in an* Urban Center District, only in Zoning District. Sec. 33-149.5 — Zoning requirements for dispensing facilities. Low -THC and medical cannabis dispensing_ facilities shall comply with the following requirements: W No low -THC or medical cannabis dispensing facility shall be located within: 1 mile from anther low-T14C or medical cannabis dispensing facility; 1,000 feet of any child care facility, preschool, school, or religious facility; or Agenda Item No. 5 Page 4 500 feet of any property in an EU or RU Zoning District (except for .RU -5A), or any property developed solely with residential uses. BL) Distances between low -THC or medical cannabis dispensing facilities shall be measured by drawing a straight between the front doors of the respective dispensing facilities. The distance from a child care facilitv. school, religious facility, or residential property shall be measured by following a straight line from the front door of the proposed dispensingfacility acility to the nearest point of the child care facility, school, religious facility, or residential structure. The applicant shall furnish a certified survev from a registered engineer or surveyor, indicating the distance between the proposed dispensing facility and any existing low -THC or medical cannabis dispensin fg acility, child care facility, preschool, school, religious facility, or residential properties within the applicable radius. In case of dispute, the measurement scaled by the Director shall og vern. �C) Dispensing of, payment for, and receipt of low -THC or medical cannabis is prohibited anywhere outside of the dispensing facility, including, but not limited to, on sidewalks, in parking areas, or in the rights-of-way surrounding_ the dispensingfacility. acility Consumption of low -THC or medical cannabis or alcoholic bevera e�prohibited within the dispensing facility and anywhere outside of the dispensing facility, including, but not limited to, in the parking areas, sidewalks, or ri htgs-of way surroundingthe he dispensin facility. E Irrespective of any statutory amendment, facilities dispensing low -THC or medical cannabis shall only be allowed to operate between the hours of 7:00 a.m. and 9:00 p.m. daily, as provided by Section 381.986, Florida Statutes, as of the effective date of Ordinance No. [Insert Ordinance No.l. i Agenda Item No. 5(A) Page 5 A certificate of use shall be obtained for the low -THC or medical cannabis dispensing facility on an annual basis. The application for the certificate of use shall be made on a form prescribed by the Director. LD All low -THC or medical cannabis dispensing facilities must be established on the premises within 30 days of the date the certificate of use is issued, after 30 days, the certificate of use shall be null and void, and the applicant must re -apply. The Department shall have the right to periodically inspect the premises of the dispensing facility at any reasonable time to ensure that the faciU!y has a current and valid certificate of use, and to ensure compliance with the terms and conditions under which it was issued. Violators will be subject to all appropriate penalties, including revocation of the certificate of use. The certificate of use for a low -THC or medical cannabis dispensingfacility shall not be renewed while there are open enforcement cases, nor shall the certificate be renewed if the establishment has cases pending before the Nuisance Abatement Board (NAB). In addition, where the establishment has been determined, pursuant to Chapter $CC of this Code, to be guilty of three or more violations pertaining to the dispensing_ use, or has been determined to be a nuisance at that location by the NAB, the certificate of use shall be revoked immediately, and a new application may not be made within a period of 12 months. a Any use, created and established under this article in a legal manner, which may thereafter become leggUy nonconforming, may continue until there is an abandonment of said use. Once a legally nonconforming use is abandoned, it shall not be re-established unless it conforms to the requirements of this article. ra] Agenda Item No. 5 ('!k) Page b Abandonment shall consist of a change of use or suspension of active business with the public for a period of at least 3 months; or a lesser time if a written declaration of abandonment is provided by the owner of the premises or, if the propert issubject to a lease, by the owner and tenant thereof. (ISI No certificate of use, license, or building or other permit shall be issued for a low -THC or medical cannabis dispensing facility where the proposed place of business does not conform to the requirements of this subsection.<< Section 2. Section 33-238 of the Code of Miami -Dade County, Florida, is iereby amended to read as follows: Sec. 33-238. — Uses permitted No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any BU -1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one (1) or more of the following uses: » 13.1 Dispensing facilities for low -THC or medical cannabis, pursuant to article IXA of this chapter. 13.2 << Drugstores. Section 3. Section 33-284.83 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: [d Agenda Item No. 5(A) Page 7 See. 33-284.83. - Uses. No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Urban Center (UC) or Urban Area (UA) Districts, except as provided in this article. The uses delineated herein. shall be permitted only in compliance with the Regulating Plans and standards provided in this article. The following regulations outline permitted uses in the R (Residential), RM (Residential Modified), MC (Mixed -Use Corridor), MM (Mixed -Use Main Street), MO (Mixed -Use Optional), MCS (Mixed -Use Special), MCI (Mixed - Use Industrial), ID (Industrial District) and I (Institutional) Land Use Areas, B. Land Use Groups. The uses listed following each group in this section shall be permitted in the land use categories shown in Table (C) subject to the provisions noted for each land use category. Uses provided in Table (C) below not listed in this subsection shall be permitted subject to the provisions noted for each land use area. The Director shall have the authority to determine that a use not specifically enumerated below may nevertheless be permitted in a land use category because it is similar to an enumerated use. (11) General Retail/Personal Service Establishments, Establishments that provide goods and services geared toward an individual consumer. This group shall include businesses such as: banks; beauty parlors, adult day care; bakeries; bookstores; apparel stores; grocery stores; pharmacies; tailor shops; health clubs; gift shops; indoor pet care centers/boarding and indoor kennels (soundproofed and air-conditioned building required); vehicle retail showrooms; and similar uses. This group shall also include schools offering instruction in dance, music, martial arts and similar activities, but this group shall not include colleges/universities. Except as otherwise authorized in this article, uses enumerated in the BU -3 zoning district shall only be permitted in the MCS and MCI categories and shall Agenda Item No. 5(1 i' Page 8 be subject to the public hearing and spacing requirements set forth in Section 33-255 of this chapter. »Dispensing facilities for low -THC or medical cannabis, in accordance with the requirements of article IXA of this chapter, shall also be allowed in areas designated MC, MCS and MCI.<< Section 4. If any section, subsection, sentence, clause or provision of this or, :inane is held invalid, the remainder of this ordinance shall not be affected by such invalidity Section 5. It is the intention of the Board of County Commissioners, and it is liereby ordained that the provisions of this ordinance, including any sunset provision, shall beco ile and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinar z may be renumbered or relettered to accomplish such intention, and the word "ordinance" :lay be changed to "section," "article," or other appropriate word. Section 6. This ordinance shall become effective ten (10) days after the Late of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only r :)on an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by: James Eddie Kirtley Dennis A. Kerbel Prime Sponsor: Commissioner Sally A. Heyman rC;�, PM2-16-130 DEPARTMENT OF PLANNING AND DEVELOPMENT LAND DEVELOPMENT DIVISION STAFF FINDINGS REPORT TO THE .BOARD OF COUNTY COMMISSIONERS ORDINANCE AMENDMENT APPLICATION NO. — OA -16-06 - Department of Planning and Development (LDC Section 3765, Medical Cannabis Dispensing Facilities) DATE: September 16, 2016 PREPARED BY: Joanna L. Coutu, AICP, Director, Land Development Divisio Request — A request to add Section 3765, Medical Cannabis Dispensing Facilities, to the Land Development' Code (LDC) (Ordinance No. 2012-A06), and revise Sections 1500, Definitions; Section 2412, General Commercial District (GNC); Section 2413, Light Industrial District (LIND); and Section 2414, Heavy Industrial District (IND), in accordance with that new Section. In 2016, the Florida legislature adopted House Bill 307, which outlined the guidelines for the dispensing -of medical cannabis (marijuana). That bill contains the following language: (8) PREEMPTION. (a) All matters regarding the regulation of the cultivation and processing of medical cannabis or low -THC cannabis by dispensing organizations are preempted to the state. It also states: "A county may determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county." It should be noted that there are patient threshold requirements that must be met before dispensary organizations are approved by the State beyond the initial dispensaries outlined in that legislation. The State Department of Health's website says there have been six dispensing organizations approved to date, while various news articles say that there has only been one organization approved for dispensing (with the remainder approved for cultivating). That dispensing company opened up its first dispensing site in Tallahassee in July 2016, and soon made its first home delivery into Pasco County. (Home delivery locations are not limited to a particular county in the state). The company opened up a Clearwater site on August 18, 2016, and their website outlines plans to have four additional stores in Bradenton, Pensacola, St. Petersburg, and Tampa. It may be some time before the patient thresholds are met so that additional organizations can be approved, and currently staff is unaware of a dispensing site that is proposed within Citrus County. BCC Hearing — October 11, 2016 Board of County Commissioners OA -16-06 September 16, 2016 Page 2 of 2 Amendment 2 has been placed on the November 2016 Florida ballot, and is entitled "US,! of Marijuana for Debilitating Medical Conditions". That amendment appears to expand the definition of approved marijuana for medical uses to include other types besides that of t, ie low- level THC that is currently outlined in Florida Statutes. This proposed LDC amendment application references the Florida Statute definition of medical cannabis, and should ther ,;fore not need to be amended if any revision is made by the legislature as a result of Amendrr nt 2. The State of Florida has provided detailed operating, license, inspection and security st mdards for these dispensing facilities (including hours of operation), and the County canr :)t also regulate these items as outlined in the preemption within the Statute. To address those items that can be regulated by the County, staff has proposec zoning regulations and separation standards for dispensing facilities in the unincorporated area of the County. The facilities would be limited to the IND land use district, or the GNC or LIND ;tistricts with Conditional Use approval. In addition, the facilities would need to meet r, iinimum separation standards from schools, daycare centers, houses of worship, public libraries: public parks, public playgrounds, and residential areas. There are also separation distances p posed between individual dispensing sites, and the sites would be prohibited within the lnte change Management Areas (IMA) as outlined in LDC Section 7400. The Planning and Development Commission (PDC) discussed this application at the public hearing on September 1, 2016, and expressed concern as to the land use district lira dations, and, specifically, the availability of IND and LIND district sites. In response, they m ;ide the following recommendation: • Allow dispensing facilities in the GNC, General Commercial District, with a Co:-ditional Use. The draft ordinance has been modified accordingly, including a revision of the provi!ion for separation from residential areas to allow such criteria to be mitigated within the Co, iditional Use process for each proposed site outside of the Heavy Industrial District. JLC/cmw Attachments BCC Hearing — Octobei 11, 2016 'r 88 �..✓ ��4'S1"�11� �.t" 1 f u' ��c�` J �%' / ft�Eif3 ']ki4,�`2a�`y�'3. .r+T �� L'EVY� 41 0 88 MARIONci \r3 ® 39It'll,'r- 98 9819 ,, i -• u� ��t�.i �,drr 9s 00 98 41 19 ,C, -.sT 00 SUMTER RNER' 86 j Hi } 44 587 � ys 91 44 70 0 t WVERNE55, 94 19 Cj I 98 90 d d J 490' r 39 i _ B 19 8 98 581 41 48 80 98}� 19 0 39 f1}3HERNANDO 1 l� Legend Geographic Information Systems Jim Faulkner J.-•e�--.� 0 IND Existing Land Use Prepared By: Amy E.Hylcr,GIS Analyst OiroUor J+• �t IND &LIND Date: July LIND zt,zme Source: EnlecpriseGeodatabase— Map Number: AH000722 ORDINANCE NO. 2016 - AN ORDINANCE OF CITRUS COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AMENDING ORDINANCE NO. 2012-06, THE CITRUS COUNTY LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 1500, DEFINITIONS, BY ADDING DEFINITIONS FOR MEDICAL CANNABIS AND MEDICAL CANNABIS DISPENSING FACILITY; AMENDING SECTION 2412, GENERAL COMMERCIAL DISTRICT; AMENDING SECTION 2413, LIGHT `*' INDUSTRIAL DISTRICT, AND SECTION 2414, :,HEAVY INDUSTRIAL DISTRICT, TO PROVIDE ZONING>�:'-`C)1STRICTS FOR POTENTIAL LOCATIONS OF.. `"MEDICAL; .., CANNABIS DISPENSING FACILITIES; CREATING SECTION 3765, MEDICAL CANNABIS ,,p1SPENSING FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDIN(1:.,.FOR CONFLICTS OF LAW; PROViDING FOR_ CODIFICAT ON, PROVIDING FOR MODIFICATIONS,;TNAT''MAY ARISE��AT HEARINGS; PROM, NG FOR SCRIVENER'S ERRORS; AND PROVIDING FORANEFFECTIVEDATE. Commissioners, adop on April 18, 1989, acid WHEREAS, or Citrus Count—", Di WHEREAS, the C plan for oK erly growtf resources; WHEREAS; -,pe WHEREAS, cert :i by the State of Florida the Board of County , Ordinance No 89-04, of County Commissioners adol, I`ed the )rdinance No. 2012-06; of"Cidunty Commissioners recognize the deed to while protecting Citrus County's abundan-; natural es are desirable to improve the usability of the LD are necessary to comply with Florida Statues as enacted WHEREAS, in 2016 the Florida legislature adopted House Bill 307, which 'Ilows a County to determine by ordinance the criteria for the number, location, an, I other permitting requirements that do not conflict with state law or department rule for all nedical cannabis dispensing facilities of dispensing organizations located with n the unincorporated area of the County; DRAFT September 6, 2016 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Citrus County, a political subdivision of the State of Florida, as follows: SECTION 1. THAT SECTION 1500. DEFINITIONS, OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED TO ADD THE FOLLOWING DEFINITIONS: 1500. DEFINITIONS thereof: the the plant or its seeds or oraanization for medical a medical cannabis pursuarit,.`-tb',`117�.S. SECTION 2. THAT SECTION 24121",.G.ENERAL'.-,:COMMERCIAL DISTRICT (GNC), OF THE LAND DEVELQPMENT Cok, OF-.�,�.,,�,.GITR S COUNTY, A POLITICAL AMENDED AS FOLLOWS: 'E STA - OF FLORIDA, E -T, SUBDIVISION 017...7 , ----- 2412. GEN isactivity and activities of similar impact or - limitbd��--.to. commercial , adtiv sistent with :"Commercial.. activity.1&.,%new GNC shall be allowed in the Coastal, p,5, and River:reqion. Multiftif-bily residential,Aevelobrh6nt over six units per acre, not to exceed ten units s per - acre, shall be allowed. However, such residential development shall be required t6,-. "".b.reserve.;-,&.�' least twenty percent (20%) of the gross site area as permanent oP,P,1).,,.,,5P4c ' e as required by this LDC. Single family residential development S I allowed only if the structure has access to a local residential road ay'and is in a residentially committed area, or is associated with a business owned and operated by the homeowner. Multi -family apartments built as additional stories over nonresidential structures may be allowed in accordance with the density allowances as described within this Section. 2 DRAFT September 6, 2016 DRAFT September 6, 2016 II Key — Level of Review GNC District P = Permitted C = Conditional Use Uses Residential Single Family as outlined abovel P Boarding House P Multifamily (up to six units per P Group Home' P acre Multifamily (over six units per C Accessory $trucfirre(limitations apply) P acre, not to exceed 10 units per:-:- ::: acre Model Homes no sales office P Institut :oriaI Educational Facilities P Nuisi'n HomesP Day Care Centers P Halfwa Houses' P Houses of Worship P Cemeteries ,..;; = P Assisted Living Facilities' `Outdoox. Recreafion::>:. Golf Driving Range/ Miniature P:; Boa# Ramps (excluding marina facilities) P Golf Course Playgrounds P Summet Cam ,-s/Retreats P wit S)i. `Ran ;e :. C Recreational Resort C Ballfields/ Bail Courts, P Swimming Pools/Batfn Areas � . P Fishing Docks/Piers P I,ndustr�;a� Distributign. tenter Commercial Recycling Center' C Public 9eiv1ce/Utilit Emergenc'`;Service Facilities., >P Truck/Bus Terminals P Communicationrrransmissio;%i ;, ''`R ;;. Parking Facilities P Towers limit40.5 apply) Utility Facilities2' P Wellfields Greater than 100,000 pd C Telephone/Cable Facilities P Wellfields (Less than or equal to 100,000 P d2 LP Gas Storage/Distribution::p P to 1,000gals) Office Professional Business Office P Government Facility P Medical/Dental Office P Personal Service Businesses P Clinic P Photography Studios P Financial Institution (with drive -up P Barbershop/Beauty Parlor P facilities Model Home Center P Dispatch/Communication Office (exclude: is P warehousing/distribution ofgoods) DRAFT September 6, 2016 Model Home with sales office) I P Key — Level of Review GNC District P = Permitted Commercial C = Conditional Use Uses Model Home with sales office) I P Neighborhood Commercial Health Club/Spa P Light Mechanical Repair Shop P Community Center P Restaurants (No drive -up facilities) P Fraternal Organization/Lodge P Oen Air Cafe :;_:: ;> P Dance/Martial Arts/Instructional Studio P Bed & Brea kfa_ st P Retail Sales P Art Gallo`;' %Museum:.., P Strip Center P Libra. ' P Funeral Home/Mortuaries (no crematorium) P Tackle/Bait Shop P Specialty Food Store P Veterinary Office/Animal H±osp /Pet Groom .No oufside kennels) P Service Businesses P:,.. Convenience Sfore P Laundries/Dry Cleaners P= Other Commercial UUai& Haulers,.Facilities C Sales, Rental, Service, Repair motorized vehicles P Flea Market P Truck Stops C Funeral Home/Mortuary (with Crematorium P Car Wash Facilities._ P; :;;,Billboard & Offsite Advertising P Gasoline,$.:jes &Service P ° F :otel/Motel P Mobile Home Sales and -Service :. P Hospital/Sanitarium' P Tavern,'Bar,:,Lounge, Nigh#_:Club, Dance Hall .,.., P Theater/Auditorium P Financial Institution (with drive,=u,p facilities) P"`''Manna C ATM P Retail Plant Nurseries P Restaurants with Drive=up;..=`' Facilities - P Commercial/Trade Schools P Race Track/Outdoor Arena"' C Retail Sales P Veterinary Office/Animal Hosp./Pet Groom (with outside kennels P Shopping Center P Kennels P Grocery Store/Supermarket P Building/Trades Contractors (with outside storage P Mini Warehouses C Lawn Care Operations P Medical Cannabis _Dis Facilit C DRAFT September 6, 2016 Kev — Level of Review GNC District P = Permitted C = Conditional Use Uses 1XUse not allowed within the Coastal High Hazard Area except areas east of US -19 as a Conditional Use. Sr: LDC Atlas for CHHA delineation. Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 'Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only), 1.0 SECTION 3. THAT SECTION 2413, LIGHT-iINDUSTRIAL DISTRICT {.LIND), OF THE LAND DEVELOPMENT CODE OF CITRUS C{)UNTY 'A POLITICA"UBDI /ISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOLLOWS: -' 2413. LIGHT INDUSTRIAL DISTRICT (LIND) The purpose of the. LIND District Is,to encoufage,,llght mtlustrial developm nt by providing an;environment:excluslvely_forauch development, subject to ste (dards that protect the nearby residential, cornrnercial, agricultural, and public us, s of property from hazards, noise,, and othei.:disturbances. Kev— Level of Review P'=Permitted C = Conditional Use Outdoor Recreation Shooting Range _ P 1 Agricultural Aquaculture P I Viticulture Industrial Light Manufacturing — includes compounding, assembling or treatment or personal articles and household goods, articles of merchandise from previously prepared products, malleable metals, signs, instruments, toys, or similar goods. Spraying supplies/equipment P Mini -warehouses (retail limited to 15% gross floor area Automotive/Truck/Equipment Rental P Blacksmith Towing Services P Welding �i DRAFT September 6, 2016 LIND District Key— Leve/ of Review P = Permitted C = Conditional Use Uses Motor Vehicle Assembly/Repair P LP Gas Storage/Distribution (up to 1,000 gals.) P Auto Body/Fender Shops P Building Trade Assembly P Truck/Bus/Heavy Equipment Garages P Cement Batch Plant C Distribution Center P Warehousing ( 'ssociated with light manufactgr.:' n"' P ProcessingC Public Servicel.Ufflit Emergency Service Facilities P TrucklBus Terminals:.:::; C Communication/Transmission Towers limitations apply) P Parking Facilities P UtilityFacilities' P Wellfelds Greater than 100t3D0. d C Maintenance Facilities P Wellfields r'than or equal to X100,000 d2 P LP Gas Storage/Distribution (up to 1,000gals) ffice:_,;% General Office (associatetl with industrial ark P Government Facility P Nei`` hborhootl':Commercial Catering/Food Service .... ..... ..... ... .. ' 4. ..:..,' P .:_ Financial Institutions (with drive : P :;facilities LaundromatslD Cleaners P Fraternal Organ ization/Lodge P Barber Sto _.s and Salons Professional' offices P General Commercial Retail Commercia('Operations'associated with the primary industrial use (must not exceed 15% of grot§ffloor area:.._ P Sales, Rental, Servic6i" a r motorized vehicles P Funeral Home/Mortuary (with Crematorium P Truck Stops P Billboard & Offsite Advertising P Tavern, Bar, Lounge, Night Club, Dance Hall P Hotel/Motel P Medical/Dental Clinics including laboratories P Marina P Veterinary Off/Animal Hosp./Pet Groom with outside kennels) P Commercial/Trade Schools P Building/Trades Contractors (with outside storage) P Restaurants (includes those with drive -up facilities P DRAFT September 6, 2016 I Use not allowed within Coastal High Hazard re bee LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineF, ion. 'Wellfields greater than 100,000 gpd are subject to approval by the Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential u SECTION 4. THAT SECTION 2414, HEAV) LAND DEVELOPMENT CODE ; QF,r CITRUS OF THE STATE OF FLORIDA, IS`HE,R:EBY ) This category r lnkended warehousing, viholesaiin:g, and any industria'I"O" e, or for6nsp( MIMI ;IAL DISTRICT,.,JIND), (.IF THE ``A POLITICALSUBDI /ISION AS FOLLOWS: Ibturing, "011ocessing, storac I. and The :industrial category all ;iws for munication, and utility use. f: II Key — Level of Review Key — Level of Review I LIND District . C =Conditional Use P = Permitted Other Industrial Vegetative Debris/Disposal P C = Conditional Use Commercial Incinerators P Uses Manufacturing Lawn Care Operations Solid Waste Haulers Facilities P Medical Cannabis Dispensing C Processing Facility limitations apply)' Crematorium Storage I Use not allowed within Coastal High Hazard re bee LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineF, ion. 'Wellfields greater than 100,000 gpd are subject to approval by the Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential u SECTION 4. THAT SECTION 2414, HEAV) LAND DEVELOPMENT CODE ; QF,r CITRUS OF THE STATE OF FLORIDA, IS`HE,R:EBY ) This category r lnkended warehousing, viholesaiin:g, and any industria'I"O" e, or for6nsp( MIMI ;IAL DISTRICT,.,JIND), (.IF THE ``A POLITICALSUBDI /ISION AS FOLLOWS: Ibturing, "011ocessing, storac I. and The :industrial category all ;iws for munication, and utility use. f: II Key — Level of Review `IND Dis#rict t P =_ Permitted P . C =Conditional Use Uses JI QI ..• :iii Outdoor Recreation P Agricultural Aquaculture P Confinement Feeding Viticulture P Other Industrial Vegetative Debris/Disposal P Junkyards/Salvage Yards' Commercial Incinerators P Commercial Recycling Centers' Manufacturing P Landfills' Wholesaling P Hazardous Material Facilities' Processing P Crematorium Storage P Power Generation Facilities Distribution Center P C & D Facilities' Warehousing P Slaughter House 7 DRAFT September 6, 2016 LP Gas Storage/Distrib' (exceeding 1,000 gals.) Bulk Fuel Storaae Emergency Service Facilities Communication/Transmission Towers (limitations apply) Utility Facilities (Water & Wastewater)Z Maintenance Facilities LP Gas Storage/Distribution (up to 1,000 gals) General Office Fraternal Ne e P P Public Service/Utility P Air orts/Airfields:;;;;:::,. P Truck/Bus Terri i als P Parking Facilities!"" P 1 Wellfelds (Greater thai P We(Ifiields (Less than o Goverr food C to 100,000 ;i 0 General Commercial ' �":;::.. Key— Level of Review' IND District P = Permitted P C = Conditional Use Uses LP Gas Storage/Distrib' (exceeding 1,000 gals.) Bulk Fuel Storaae Emergency Service Facilities Communication/Transmission Towers (limitations apply) Utility Facilities (Water & Wastewater)Z Maintenance Facilities LP Gas Storage/Distribution (up to 1,000 gals) General Office Fraternal Ne e P P Public Service/Utility P Air orts/Airfields:;;;;:::,. P Truck/Bus Terri i als P Parking Facilities!"" P 1 Wellfelds (Greater thai P We(Ifiields (Less than o Goverr food C to 100,000 ;i 0 General Commercial ' �":;::.. Sales, Rental, Service, Repalf— P`' Billboard & Qffsite Advertising P motorized vehicles Truck Stops P Hotel/Motel P Tavern, Bar, Lounge, Night Club;;::;:: P Marina P Dance Hall Race TracklOutdoor:-Aren C :Golf 010 ng Range/Miniature Golf P Vetennary Off/Animal Hosp 1Pet ;,. P Cc mmercial/Trade Schools P Groom (with outside kenrieis Building/TQe.p Contractors {withF.;;. Retail Sales P outside stora Lawn Care O era#ipns P I Shopping Center P Solid Waste Haul§tF-,acilities ' : P Grocery Store/Supermarket P Flea Market P Mini Warehouses P Funeral Home/Mortuary:,(with P Medical CannabisDispensing Facility P Crematorium) limitations apply) ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation 'Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) —1.0 F'j DRAFT September 6, 2016 SECTION 5. THAT SECTION 3765, MEDICAL CANNABIS DISK INSING FACILITIES, OF THE LAND DEVELOPMENT CODE OF CITRUS CODE' ITY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY CREA"'ED AS FOLLOWS: 3765. MEDICAL CANNABIS DISPENSING FACILITIES A. No parcel shall be utilized and no structure shall be used, erected or alter+ d on that parcel for the purpose of manufacture, sale, preparation or dispensinc, of medical cannabis if the nearest point of said pard'19'situated within a 1,0'10 -foot radius from any point on a parcel used or res,4V. "for use by any of the fc Ilowing purposes: ,f the 2. The reservation appears in a development for which vested rights have been met as provided by this LDC. 3. The reservation is included in an approved DRI, an approved Planned ,Jnit Development, or Planned Development zoning under Ordinances 80-G ;i, 86- 12 or 90-14. DRAFT September 6, 2016 D. For purposes of this Section, all public lands owned/managed by state, regional, or federal agencies shall not be considered to be public parks. E. There shall be a one (1) -mile separation from the legal boundary of the lot containing the proposed dispensing fg acility to the legal boundary of the lot containing another facility regulated by this Section, and shall be measured in a straight line. F. No existing, approved medical cannabis dispensing facility shall become SECTION 6. All ordinances or parts of repealed. herewith are hereby SECTION 7. If any section, subsecfion, sentence, claus`i~<;,or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the. decision of any court or regulatory body of .competent j6-d§dict 6h;; such decisioni'shall not affect the validity of the remaining portions hereof. `The Board of County Commissioners hereby declares that it would:_haeassed `tfls;.ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional and all ordinances end parts of:ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION 8. It `is ::;the intent.. of the `bbard of County Commissioners that the provisions. -of this ordinance may ie .modified. as a result of considerations that may arise:-'d,.ring 1pbb,ic .hearmgs< Such modifications shall be incorporated into the final version of the ordinance adopted by th&A rd and filed by the Clerk to the Board. SECTICW...9. This ordihioppe sha'Ifbecome effective as per Florida law. DONE AND ADOPTED at a, dIv called session of the Board of County Commissioners of Citrus County, Florid:;, tts1'1th day of October, 2016. ATTEST: CITRUS COUNTY, FLORIDA., A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA 10 DRAFT September 6, 2016 BY: ANGELA VICK, CLERK OF COURT RONALD E. KITCHEN, JF., CHAIRMAN APPROVED AS TO FORM FOR THE RELIANCE OF CITRUS COUNTY ONLY DENISE A. DYMOND LYN, COUNTY ATTORNEY 11 DRAFT September 6, 2016 IN DEPARTMENT OF PLANNING DEVELOPMENT LAND DEVELOPMENT DIVISION MEMORANDUM PM2-16-97 TO: Jenette Collins, AICP, Director, Department of Planning and Development FROM: Joanna L. Coutu, AICP, Director, Land Development Division DATE: July 8, 2016 SUBJECT: House Bill 307 — Medical Use of Cannabis In 2016, the Florida legislature adopted House Bill 307 which outlined the guidelines for the dispensing of medical cannabis (marijuana). Thatbill contains the following preemptive language: (8) PREEMPTION. (a) All matters regarding the regulation of the cultivation and processing of medical cannabis or low -THC cannabis by dispensing organizations are preempted to the state. It also states: "A county may determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county." It should be noted that there are patient threshold requirements that must be met before dispensary organizations are approved by the State beyond the initial five State-wide dispensaries outlined in that legislation. (The initial sites lie in Alachua, Gadsden, Hillsborough, Miami -Dade and Orange Counties). The State Department of Health's website notes that these sites have not yet begun dispensing, but that they are anticipated to start in September, 2016. It may be some time before the patient thresholds are met so that additional sites can be approved, including any potential sites in Citrus County. You have forwarded a copy of the recent ordinance adopted by Miami -Dade County. (There have been ordinances adopted by several cities over the past few years, but this is the first one I am aware of by a County since the adoption of House Bill 307). The Miami -Dade ordinance provides limitations on zoning, separation standards and hours for dispensing organizations. Our Land Development Code and Code of Ordinances already contain some restrictions for alcohol dispensing that could be utilized for cannabis. Jenette Collins, AICP, Director House Bill 307 — Medical Use of Cannabis July 8, 2016 Page 2 of 2 I would suggest the following: • Dispensing organizations be limited to the land use designations of IND (Industrial) and LIND (Light Industrial), or GNC (General Commerc 1) with a Conditional Use. • Separation distances from off-site uses be similar to, but larger than, our current separations for alcohol sales: ➢ 1,000 feet from schools, daycare centers, churches, public li; iraries, public parks or playgrounds. (Alcohol sales utilize a 500 -foo separation, and also include the categories of hospitals, cha , table institutions and adult entertainment). Miami -Dade utilizes a ,000 feet separation from schools and churches only. ➢ 500 feet from residential zoning. (This is in the Miami -Dade ordinance but not in our alcohol sales regulations).. • Separation between dispensing sites utilize the Miami -Dade ordinar ce limitation of one mile. The Miami -Dade ordinance also requires an annual Certificate of Use be obtainel I from the County, and provides a right for periodic inspection of facilities. I do not recon Imend these items, as the sites are already regulated by the State's Health Department ;ind this would appear to be a duplication of that review. Hours of operation are contE. ined within the legislation of 7 a.m. to 9 p.m., although Miami -Dade repeats this limitat m in their ordinance. If you would like me to prepare a draft ordinance for presentation to the BCC, or IBed any further information, just let me know. JLC/jah Shared/ddsAanddev/staffrjoannarbc med marijuana.doc MEMORANDUM Agenda Item No. 11(A) (11) TO: Honorable Chairman Esteban L. Bovo, Jr. DATE: February 7, 2017 and Members, Board of County Commissioners FROM: Abigail Price -Williams SUBJECT: . Resolution urging the United County Attorney States Congress to allow financial institutions to process state legalized medical marijuana funds The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. jk'_� Abigail Price -Williams I MAIL County Attorney IT APW/cp MEMORANDUM (Revised) TO: Honorable Chairman Esteban L. Bovo, Jr. and Members, Board of County Commissioners _t 6 5 CoyI f ga rice- i Cour ttorney Please note any items checked. DATE: Februar 7, 2017 SUBJECT: Agenda] em No.11(A) (11) 113 -Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing bii iget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor', report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/31:, , 315's , unanimous ) to approve Current information regarding funding source, index code and ava: lable balance, and available capacity (if debt is contemplated) required .t Y Approved Mayor Veto Override RESOLUTION NO. Agenda Item No. 11(A).(11) 2-7-17 RESOLUTION URGING THE UNITED STATES CONGRESS' TO ALLOW FINANCIAL INSTITUTIONS TO PROCESS STATE LEGALIZED MEDICAL MARIJUANA FUNDS WHEREAS, in November 2016, Florida voters overwhelmingly passed the Florida Medical Marijuana Legalization Initiative, known as Amendment 2, which legalized the use of marijuana for debilitating medical conditions as determined by a licensed Florida physician; and WHEREAS, although 27 other states have also legalized medical or recreational marijuana, legal cannabis -related businesses are often unable to acquire financial services from U.S. financial institutions; and WHEREAS, many banks and credit unions often close accounts or do not provide accounts to businesses with direct or indirect ties to cannabis -related products for fear of prosecution from. the U.S. Department of Justice or other law enforcement agencies because money earned from the production or sale of marijuana is federally illegal; and WHEREAS, current federal law requires banks to disclose marijuana -related transactions as suspicious activities, leading major U.S. financial institutions like JP Morgan Chase & Co. and Bank of America to issue company policies refusing to process payments for businesses "participating in federally prohibited activities"; and WHEREAS, businesses without financial services must operate a cash -only enterprise, depriving them of the ability to accept credit card purchases, provide direct deposit payments to employees, and pay taxes electronically; and V Agenda Item No. 11(A) (11) Page No. 2 WHEREAS, marijuana continues to be classified as a Schedule I substance by :ie U.S. Drug Enforcement Agency which has chilled financial institutions' collective incentive o issue credit, offer loans, or simply provide accounts to otherwise legal cannabis -related ' usiness ventures; and WHEREAS, cash -only businesses are at a high risk for violent crime and rol bery as many business owners are left with no safe place to store revenue earned from the sale of legalized marijuana products; and WHEREAS, although the U.S. Department of Treasury and the Financial Crimes Enforcement Network ("FinCEN") have issued guidance letters stating that financial ins i:tutions may indeed provide accounts to cannabis -related businesses provided that strict anti-lai adering conditions are followed, less than three percent of cannabis -related businesses nationw. :le have been able to acquire banking services from the nation's 11,954 federally regulated b;,. -Lks and credit unions; and WHEREAS, regulatory compliance with the directive from the Department of' 'reasury and Fiu10EN is expensive for financial institutions and in some cases regulation may be fiscally impractical with respect to smaller business accounts; and WHEREAS, limitations on access to financial services will present a larger pr(, ,)Iem as more states legalize marijuana for medical use; and WHEREAS, the entirety of the current legal marijuana market is near $7 bzl i.on and totaled over $5.4 billion in 2015; and WHEREAS, estimates for annual sales of medical marijuana could total as :such as $124.5 million in Miami -Dade County alone; and Ill J y'" n Agenda Item No. 11(A) (11) Page No. 3 WHEREAS, providing access to financial institutions ensures that businesses are paying their taxes and enhances the safety of business owners; and WHEREAS, this Board is supportive of measures designed to benefit the local and state economy as well as those which will enhance the safety of medical marijuana dispensary business owners and employees alike, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADS COUNTY, FLORIDA, that this Board: Section 1. Urges the United States Congress to allow financial institutions to process state legalized medical marijuana funds. Section. 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Florida Congressional Delegation, the U.S. Attorney General, and the Administrator of the Drug. Enforcement Administration. Section 3. Directs the County's federal lobbyists to advocate for the issues set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental affairs to include this item in the 2017 Federal Legislative Package when it is presented to the Board. The Prime Sponsor of the foregoing resolution is Commissioner Sally A. Heyman. It was offered by Commissioner seconded by Commissioner as follows: , who moved its adoption. The motion was and upon being put to a vote, the vote was Agenda Item No. 11(A) (Ill ) Page No. 4 Esteban L. Bovo, Jr., Chairman Audrey M. Edmonson, Vice Chairwoman Bruno A. Barreiro Daniella Levine Cava Jose "Pepe" Diaz Sally A. Heyman Barbara J. Jordan Joe A. Martinez Jean Monestime Dennis C. Moss Rebeca Sosa Sen. Javier D. Souto Xavier L. Suarez The Chairperson thereupon declared the resolution duly passed and adopted thi;, 7th day of February, 2017. This resolution shall become effective upon the earlier of (1) 10 & IJs after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become c ITective only upon an override by this Board, or (2) approval by the County Mayor of this Resolu Zion and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORID k BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Javier Zapata V STATE OF FLORIDA L z DEPARTMENT OF HEALTH WE Application for Low -THC Cannabis Dispensing Organization Approval This Application for Low -THC Cannabis Dispensing Organization Approval (Application) is designed to allow the Florida Department of Health, Office of Compassionate Use (OCU) to fulfill its statutory duty to select the five Dispensing Organizations meeting the requirements of section 381.986(5)(b), F.S. (Statute), best able to further the statutory objective of ensuring accessibility and availability of Low -THC cannabis to patients. This has been further clarified to mean that OCU must choose the most dependable, most qualified dispensing organizations that can consistently deliver high-quality Derivative Products. It is important for each Applicant to remember that the Applicant is competing with other Applicants, not with any mandatory minimum criteria set by the OCU. The criteria used to determine which Applicants are selected are drawn directly from the Statute. The items requested in Rule 64-4.002, F.A.C., Initial Application Requirements for Dispensing Organizations (Rule) and this Application are designed to guide OCU in its determination of the most qualified Applicants that can ensure accessibility and availability of Derivative Products by dependably and consistently delivering high-quality Derivative Products. This Application is divided into four parts: I. Part I requires the Applicant to provide basic information about the Applicant and Application. II. Part II requires the Applicant to document its compliance with requirements mandated by the Statute. III. Part III requires the Applicant to provide the OCU with all items listed in the Rule. Part Ill is organized differently than the Rule because it is organized based on the scoring system OCU will use to evaluate Applications. Each individual item listed in the Rule and the Application is not mandatory but is designed to elicit information from the Applicant that will assist the OCU in making its selection. Part Ill is organized as follows: A. Cultivation (30%) 1. Technical Ability (4.002(2)(a)) [25%] 2. Infrastructure (4.002(2)(e)) [25%] 3. Premises Resources Personnel (4.002(2)(c)) [25%] 4. Accountability (4.002(2)(d)) [25%] B. Processing_(30%) 1. Technical Ability (4.002(2)(a)) [25%] 2. Infrastructure (4.002(2)(e)) [25%] 3. Premises Resources Personnel (4.002(2)(c)) [25%] 4. Accountability (4.002(2)(d)) [25%] Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 C. Dispensing (15%) 1. Technical Ability (4.002(2)(a)) [25%] 2. Infrastructure (4.002(2)(e)) [25%] 3. Premises Resources Personnel (4.002(2)(c)) [25%] 4. Accountability (4.002(2)(d)) [25%] D. Medical Director (5%) E. Financials (20%) IV. Part IV explains how to submit an application, including the applicai ion fee. For OCU review purposes, please be sure to organize the Application so that eacl. document submitted with the Application is labeled accurately with the Part number and sul; -Part number of the Application to which.it corresponds. The better organized the Applice ;ion is, the easier it will be to evaluate. Part 1 Application Type: ❑ Initial Application ❑ Renewal Application Dispensing Region: ❑ Northwest ❑ Northeast ❑ Central ❑ Southwest ❑Soi itheast Nursery: Name: (Unless an individual, the organization name must be registered with the Department of State) DACS Certificate Address: Street Address City Zip ;.ode Mailing Address (if different): P.O. Box or Street Address City Zil: Code Phone Number: E-mail Address: Nurseryman: Operating Nurseryman: Mailing Address: P.O. Box or Street Address City Zil: Code Phone Number: Medical Director: Name: Mailing Address: P.O. Box or Street Address Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 E-mail Address: City Z i Code 2 Q Phone Number: License Number: E-mail Address: Part 11. The following information must be submitted and is required by the Statute. A failure to submit the information required by Part II will result in the application being denied prior to any scoring as contemplated in rule 64-4.002(5), F.A.C. A. Please submit documentation sufficient to establish the Applicant meets the requirements of Section 381.986(5)(b)1., F.S., specifically: 1. Certification by the Florida Department of Agriculture and Consumer Services for the cultivation of more than 400,000 plants; and 2. Operation as a .nursery in this state for at least 30 continuous years. B. Please submit documentation sufficient to establish that all owners and managers of the Applicant (and proposed Dispensing Organization) have been fingerprinted and have successfully passed a level 2 background screening pursuant to section 435.04, F.S. 1. As stated in rule 64-4.002(2)(g), F.A.C., this requirement can be satisfied by each owner or manager presenting to FDLE or one of its approved vendors for fingerprinting. At that time, give the entity ORI number FL92489OZ (DOH — OFFICE OF COMPASSIONATE USE) to FDLE or its approved vendor. The report will be sent directly to the Office of Compassionate Use. 2. Please submit a list of all owners and managers indicating the date of each individual's most recent level -2 background screening described above. Part III Please attach the documentation that provides the information listed in Rule 64-4.002 including (when appropriate) the name, position, and resume' of the employee(s) who provides the knowledge or experience explained for each item shown below: A. Cultivation (30%) 1. Technical Ability (4.002(2)(a)) [25%] a. Experience cultivating cannabis; b. Experience cultivating in Florida plants not native to Florida; c. Experience introducing new varieties of plants; d. Regional cultivation knowledge and experience; e. Experience cultivating plants for human consumption such as food or medicine products; f. Experience with in-house propagation; g. Experience with genetic modification or breeding; Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 r h. Experience using clean growing rooms; i. Knowledge of cannabis cultivation, including: i. Proper cultivation conditions and techniques; ii. Additives that can be used when growing cannabis; iii. Pests, disease and deficiencies common for cannabis, iv. Production of high quality product in a short time; j. Experience with tracking each plant in a harvest; k. Experience with good agricultural practices; I. Experience with good handling practices; m. Experience with recalls; and n. Any awards, recognition or certifications received for relevant ea pertise. 2. Infrastructure (4.002(2)(e)) [25%] a. Vehicles that will be used to transport product among cultivatir, ,.], processing, and dispensing facilities; b. Communication systems; and c. Methods of mitigating odors if applicable. 3. Premises, Resources, Personnel (4.002(2)(c)) [25%] a. Location of all properties Applicant proposes to utilize to cull '✓ate low -THC cannabis, including ownership information for the properties end any lease terms if applicable: i. For any property that is leased by the Applicant, inclu .le documentation that the property owner consents to the u e of the property for the purposes of cultivation of low -THC canna; Ibis and documentation that the mortgagor or lienholder has beer, given notice of the use of the property for the purpose of cultivation of low -THC cannabis; and ii. For any property owned by the Applicant but subject 15 a mortgage or lien, include documentation that the mortgagor or liens older has been notified of the use of the property for the purpose o cultivation of low -THC cannabis. b. Compliance with local regulations regarding sanitation and wase a disposal; c. The ability to obtain zoning approval; d. Sketch or other illustration approximating the property boundarii ;s, land topography, vegetation, proposed and/or existing structures, ea !ements, wells, and roadways for each cultivation property proposed; e. Description of the areas proposed for the cultivation of low -THC cannabis, including the following: i. Capacity, in square feet of growing area; ii. Cultivation environment, e.g., greenhouse, clean roori, aseptic, et cetera, iii. Irrigation system(s); and iv. Environmental control system(s). f. A description of the ability or plan to expand any of the areas pr' ;)posed for cultivating low -THC cannabis; g. Back-up systems for all cultivation systems; h. A description of one or more strains of low -THC cannabis the al plicant intends to cultivate; 4 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 v Access to water resources that allow for sufficient irrigation; A list of current and proposed staffing for cultivation, including: i. Position, duties and responsibilities; B. Processing (30%) 1. Technical Ability (4.002(2)(a)) [25%] a. Experience with good manufacturing practices; b. Experience with analytical, organic chemistry, and micro -biology; c. Experience with analytical laboratory methods; d. Experience with analytical laboratory quality control, including maintaining a chain of custody; e. Knowledge of, and experience with, cannabis extraction techniques; f. Knowledge of cannabis routes of administration; g. Experience with recalls; h. Knowledge of, and experience with, producing cannabis products; and Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 ii. Resume; and iii. Professional licensure disciplinary action in all jurisdictions. k. An organizational chart illustrating the supervisory structure of the cultivation function of the proposed Dispensing Organization; I. Plans and procedures for loss of key personnel; m. Plans and procedures for complying with OSHA regulations for workplace safety. 4. Accountability (4.002(2)(d)) [25%] a. Floor plan of each cultivation facility or proposed floor plans for proposed cultivation facilities, including the following: i. Locking options for each means of ingress and egress; ii. Alarm systems; iii. Video surveillance; iv. Name and function of each room; and v. Layout and dimensions of each room. b. Storage, including the following: i. Safes; ii. Vaults; and iii. Climate control. c. Diversion and trafficking prevention procedures; d. A facility emergency management plan; e. System for tracking low -THC source plant material throughout cultivation; f. Inventory control system for low -THC cannabis; g. Policies and procedures for recordkeeping; h. Methods of screening and monitoring employees; i. Personnel qualifications and experience with chain of custody or other tracking mechanisms; j. Personnel reserved solely for inventory control purposes; k. Personnel reserved solely for security purposes; I. Waste disposal plan; and m. Access to specialized resources or expertise regarding data collection, security, and tracking. B. Processing (30%) 1. Technical Ability (4.002(2)(a)) [25%] a. Experience with good manufacturing practices; b. Experience with analytical, organic chemistry, and micro -biology; c. Experience with analytical laboratory methods; d. Experience with analytical laboratory quality control, including maintaining a chain of custody; e. Knowledge of, and experience with, cannabis extraction techniques; f. Knowledge of cannabis routes of administration; g. Experience with recalls; h. Knowledge of, and experience with, producing cannabis products; and Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 r i. Any awards, recognition or certifications received for relevant a pertise. 2. Infrastructure (4.002(2)(e)) [25%] a. Vehicles that will be used to transport product among cultivatir 1, processing, and dispensing facilities; b. Communication systems; and c. Methods of mitigating odors if applicable. 3. Premises, Resources, Personnel (4.002(2)(c)) [25%] a. Location of all properties Applicant proposes to utilize to pro ,cess low -THC cannabis and Derivative Products, including ownership infori nation for the properties and any lease terms if applicable: i. For any property that is leased by the Applicant, inclu :le documentation that the property owner consents to the a !e of the property for the purposes of processing of low -THC cane ,ibis and Derivative Products and documentation that the mortgag ;)r or lienholder has been given notice of the use of the proper y for the purposes of processing of low -THC cannabis and Deriva ive Products; and ii. For any property owned by the Applicant but subject I ) a mortgage or lien, include documentation that the mortgagor or lienl' older has been notified of the use of the property for the purposes if processing of low -THC cannabis and Derivative Products. b. Compliance with local regulations regarding sanitation and was- is disposal; c. The ability to obtain zoning approval; d. Sketch or other illustration approximating the property boundari ,s, land topography, vegetation, proposed and/or existing structures, ea ;;ements, wells, and roadways for each processing property proposed; e. A description of the ability or plan to expand any of the areas pr ;)posed for processing low -THC cannabis; f. Back-up systems for all processing systems; g. Description of the areas proposed for the processing of Derivat re Products, including the following: i. Extraction equipment and location; ii. Concentration equipment and location; iii. Access to sufficient potable water and hot water; iv. Analytical equipment, including separators and deter i)rs, and location; v. Safety equipment and facilities and location; vi. Computer systems and software; and vii. Ventilation and exhaust system. h. A list of current and proposed staffing, including: i. Position; duties and responsibilities; ii. Resume; and iii. Professional licensure disciplinary action in all jurisdic: Inions. i. An organizational chart illustrating the supervisory structure of t ire processing function of the proposed Dispensing Organization; j. Plans and procedures for loss of key personnel; k. Plans and procedures for complying with OSHA regulations for vorkplace 6 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 14 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 safety; and I. Relationship(s) with an independent laboratory(ies) with cannabis testing protocols and methods. 4. Accountability (4.002(2)(d)) [25%] a. Floor plan of each facility or proposed floor plans for proposed processing facilities, including the following: i. Locking options for each means of ingress and egress; ii. Alarm systems; iii. Video surveillance; iv. Name and function of each room v. Layout and dimensions of each room. b. Storage, including the following: i. Safes; ii. Vaults; and iii. Climate control. c. Diversion and trafficking prevention procedures for the processing facilities; d. A facility emergency management plan for the processing facilities; e. System for tracking low -THC source plant material throughout processing; f. Inventory control system for low -THC cannabis and Derivative Products; g. Policies and procedures for recordkeeping; h. Vehicle tracking systems; i. Vehicle security systems; j. Methods of screening and monitoring employees; k. Personnel qualifications and experience with chain of custody or other tracking mechanisms; I. Personnel reserved solely for inventory control purposes; m. Personnel reserved solely for security purposes; n. Waste disposal plan; and o. Access to specialized resources or expertise regarding data collection, security, and tracking. C. Dispensing (15%) 1. Technical Ability (4.002(2)(a)) [25%] a. Experience interacting with patients; b. Experience with handling confidential information; c. A marketing plan; d. Experience gathering and managing data, i.e. data on patient reactions to products dispensed; e. Experience with recalls; f. Knowledge of cannabis routes of administration; g. Training programs for employees addressing: i. The Health Insurance Portability and Accountability Act (HIPAA); ii. Patient education; iii. Compliance; iv. Patient counseling; and V. Data collection. h. Any awards, recognition or certifications received for relevant expertise. 7 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 2. Infrastructure (4.O02(2)(e)) [25% a. A map showing the location of the applicant's proposed dispen- ing facilities; b. A sketch or other illustration of the actual or proposed dispel Sing locations showing streets; property lines; buildings; parking areas; ow 1oor areas, if applicable; fences; security features; fire hydrants, if applicable; and access to water and sanitation systems; c. A floor plan of the actual or proposed building or buildings wh,-re dispensing activities will occur showing: i. Areas designed to protect patient privacy; and ii. Areas designed for retail sales. d. A HIPAA compliant computer network utilized by all facilities; e. Vehicles that will be used to transport product among cultivatirl ;t, processing, and dispensing facilities; f. Communication systems; g. Hours of operation of each dispensing facility; and h. Methods of mitigating odors if applicable. 3. Premises, Resources, Personnel (4.002(2)(c)) [25%] a. Location of all properties Applicant proposes to utilize to dispe -►se Derivative Products, including ownership information for the properties ;nd any lease terms if applicable: i. For any property_ that is leased by the Applicant, inCIU ile documentation that the property owner consents to the U e of the property for the purposes of dispensing of Derivative Pro ilucts and documentation that the mortgagor or lienholder has beer! given notice of the use of the property for the purposes of dispensing ;►f Derivative Products; and ii. For any property owned by the Applicant but subject,::) a mortgage or lien, include documentation that the mortgagor or lienl older has been notified of the use of the property for the purposes i if dispensing of Derivative Products. b. Compliance with local regulations regarding sanitation and wase ,a disposal; c. The ability to obtain zoning approval; d. Sketch or other illustration approximating the dispensing proper 'y boundaries, land topography, vegetation, proposed and/or existing structure ;;, easements, wells, and roadways for each property proposed; e. A description of the ability or plan to expand any of the areas pr :)posed for dispensing Derivative Products; f. Description of the methods proposed for the dispensing of Derid ative Products, including the following: i. Accessibility of dispensing facilities, e.g., centrally for :►ted to several populated areas, located on a main roadway, no', in a high crime area, etcetera; ii. Proximity of dispensing facilities to patient populations; and iii. Alternative dispensing, e.g. delivery. g. A list of current and proposed dispensing staffing, including: i. Position, duties and responsibilities; ii. Resume; and Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 D. Medical Director (5%) a. Specialty area, if any; b. Experience with epileptic patients; c. Experience with cancer patients; d. Experience with patients with severe seizures or muscle spasms; e. Knowledge of the use of low -THC cannabis for treatment of cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms; f. Knowledge of good manufacturing practices; g. Knowledge of analytical and organic chemistry; h. Knowledge of analytical laboratory methods; 9 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 iii. Professional licensure disciplinary action in all jurisdictions. h. An organizational chart illustrating the supervisory structure of the dispensing function of the proposed Dispensing Organization; i. Plans and procedures for loss of key personnel; and j. Plans and procedures for complying with OSHA regulations for workplace safety. 4. Accountability (4.002(2)(d)) [25%] a. Floor plan of each facility or proposed floor plans for proposed dispensing facilities, including the following: i. Locking options for each means of ingress and egress; ii. Alarm systems; iii. Video surveillance; iv. Name and function of each room; and v. Layout and dimensions of each room. b. Storage, including the following: i. Safes; ii. Vaults; and iii. Climate control. c. Diversion and trafficking prevention procedures for the dispensing facilities; d. A facility emergency management plan for the dispensing facilities; e. System for tracking Derivative Products throughout dispensing; f. Inventory control system for Derivative Products; g. Policies and procedures for recordkeeping; h. Vehicle tracking systems; i. Vehicle security systems; j. Methods of screening and monitoring employees; k. Personnel qualifications and experience with chain of custody or other tracking mechanisms; I. Personnel reserved solely for inventory control purposes; m. Personnel reserved solely for security purposes; n. Plans for the recall of any Derivative Products that. have a reasonable probability of causing adverse health consequences based on a testing result, bad patient reaction, or other reason; and o. Access to specialized resources or expertise regarding data collection, security, and tracking. D. Medical Director (5%) a. Specialty area, if any; b. Experience with epileptic patients; c. Experience with cancer patients; d. Experience with patients with severe seizures or muscle spasms; e. Knowledge of the use of low -THC cannabis for treatment of cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms; f. Knowledge of good manufacturing practices; g. Knowledge of analytical and organic chemistry; h. Knowledge of analytical laboratory methods; 9 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 i. Knowledge of analytical laboratory quality control, including mai staining a chain of custody; j. Knowledge of, and experience with, CBD/low-THC extraction to ::hniques; k. Knowledge of CBD/low-THC routes of administration; I. Experience in or knowledge of clinical trials or observational stu ;lies; m. Knowledge of, and experience with, producing CBD/low-THC pr;)ducts; n. Experience with or knowledge of botanical medicines; o. Experience with dispensing medications; p. Description of how the medical director will supervise the activitli.,s of the Dispensing Organization; and q. Description of how the Dispensing Organization will ensure it hEi a medical director at all times. E. Financials (20% a. Certified Financials issued within the immediately preceding 12 'nonths; b. Applicant's corporate structure; c. All owners of the Applicant; d. All individuals and entities that can exercise control of the Appli ant; e. All individuals and entities that share in the profits and losses of -the Applicant; f. All subsidiaries of the Applicant; g. Any other individuals or entities for which the Applicant is financ, ally responsible; h. Assets of the Applicant and Applicant's subsidiaries; i. Liabilities of the Applicant and Applicant's subsidiaries; j. Any pending lawsuits to which the Applicant is a party; k. Any lawsuits within the past 7 years to which the Applicant was ;a party; I. All financial obligations of Applicant that are not listed as a "liab! ity" in the Certified Financials; m. A projected two year budget for the Dispensing Organization; w id n. Specific reference to sufficient assets available to support the Ci spensing Organization activities. Part IV The completed Application must be delivered to the Agency Clerk of the U apartment of Health physically located at 2585 Merchants Row Boulevard in Tallahassee, Flori Ja, 32399, no earlier than 10:00 AM, Eastern Daylight Time, on the (effective date) and no later ;han 5:00 PM, Eastern Daylight Time, 21 calendar days after (effective date). The Application Ml. ST include: 1. A non-refundable $60,063 application fee in the form of a money order it or cashier's check made payable to the Florida Department of Health; 2. All supporting explanations and documents; 3. Any supporting maps, photographs, or illustrations; 4. A list of ALL supporting materials for which the Applicant claims ANY public records exemption, including a specific legal citation to the exemptk'n; and 5. A full proposed redacted version of the Application, if applicable. 10 Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 The completed Application with and supporting explanations, documents, maps, photographs, or illustrations can be submitted in the following formats: 1. Hard Copy; 2. USB Drive; and 3. CD/DVD. The undersigned Applicant /Representative hereby agrees to operate the Dispensing Organization described in this application in accordance with the requirements of Section 381.986, Florida Statutes, and Chapter 64-4, F.A.C. The information contained in this application and the attached exhibits required by Chapter 64-4, F.A.C., which serves as a basis for licensure, is true and correct. I understand that any misrepresentation of the facts in this application, or failure to comply with requirements of the rules and statutes, is grounds for denial or revocation of the Low -THC Cannabis Dispensing Organization Approval. I understand that knowingly making a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree punishable as provided in sections 775.082 or 775.083, Florida Statutes. Signature of Applicant Name of Applicant (print or type) Agency Clerk Use Only Date and Time Received: Delivered by:. Agency Clerk: Section 381.986, F.S. Rule 64-4.002, F.A.C. Effective 02/2015 Form DH8006-OCU-2/2015 Date 11 ORDINANCE NO. 2016 - AN ORDINANCE OF CITRUS COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AMENDING ORDINANCE NO. 2012-06, THE CITRUS COUNTY LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 1500. DEFINITIONS BY ADDING DEFINITIONS FOR MEDICAL CANNABIS AND MEDICAL CANNABIS DISPENSING FACILITY; AMENDING SECTION 2412, GENERAL COMMERCIAL DISTRICT; AMENDING SECTION 2413, LIGHT INDUSTRIAL DISTRICT, AND SECTION, 2414, HEAVY INDUSTRIAL DISTRICT TO PROVIDE ZONING DISTRICTS FOR - POTENTIAL LOCATIONS OF MEDICAL CANNABIS DISPENSING FACILITIES; CREATING SECTION 3765, MEDICAL CANNABIS DISPENSING FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS OF LAW; PROVIDING FOR CODIFICATION, PROVIDING FOR MODIFICATIONS THAT MAY ARISE AT HEARINGS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Florida Statutes, the Board of County Commissioners, adopted the Citrus County Comprehensive Plan, Ordinance No. 89-04, on April 18, 1989, and subsequent amendments; WHEREAS, on June 12, 2012, the Board of County Commissioners adopted the Citrus County Land Development Code (LDC) as Ordinance No. 2012-06; WHEREAS, the Citrus County Board of County Commissioners recognize the need to plan for orderly growth and development while protecting Citrus County's abundant natural resources; WHEREAS, certain changes are desirable to improve the usability of the LDC; WHEREAS, certain changes are necessary to comply with Florida Statues as enacted by the State of Florida Legislature; WHEREAS, in 2016 the Florida legislature adopted House Bill 307, which allows a County to determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all medical cannabis dispensing facilities of dispensing organizations located within the unincorporated area of the County; OA -16-06 NOW, THEREFORE, BE IT ORDAINED by the Board of � ;:ounty Commissioners of Citrus County, a political subdivision of the State of Floi lda, as follows: SECTION 1. THAT SECTION 1500. DEFINITIONS, OF THE LAND DEVELO'l "MENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STA 17E OF FLORIDA, IS HEREBY AMENDED TO ADD THE FOLLOWING DEFINITIONS: 1500. DEFINITIONS Medical Cannabis: All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the ;slant; and every compound, manufacture, sale, derivative, mixture, or preparatic I of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in F.S. 499.(:295. Medical Cannabis Dispensing Facility: A building or structure approve( by the State of Florida Department of Health to process, prepare, and/or dispens medical cannabis pursuant to F.S. 381.986. SECTION 2. THAT SECTION 2412, GENERAL COMMERCIAL DISTRICT (GP, C), OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POL, ITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOL ,-OWS: 2412. GENERAL COMMERCIAL DISTRICT (GNC) This district is limited to commercial activity and activities of similar irr pact or consistent with commercial activity. No new GNC shall be allowed in the (oastal, Lakes, and River region. Multifamily residential development over six units per acre, not to exc ;ed ten units per acre, shall be allowed. However, such residential development hall be required to preserve at least twenty percent (20%) of the gross site area as permanent open space as required by this LDC. Single family re!: idential development shall be allowed only if the structure has access to !1 local residential roadway and is in a residentially committed area, or is associa iad with a business owned and operated by the homeowner. Multi -family apartme -its built as additional stories over nonresidential structures may be allowed in acc,: rdance with the density allowances as described within this Section. 2 OA -16-06 GNC District Key — Level of Review P = Permitted C = Conditional Use Uses Residential Single Family (as outlined abovel P Boarding House P Multifamily (up to six units per acre) P Group Home' P Multifamily (over six units per acre, not to exceed 10 units per ' acre) C Accessory Structure (limitations apply) P Model Homes no sales office P Institutional Educational Facilities P Nursing Homes' P Day Care Centers P Halfway Houses' P Houses of Worship P Cemeteries P Assisted Living Facilities' P Outdoor Recreation Golf Driving Range/ Miniature P Boat Ramps (excluding marina facilities) Golf Course P Playgrounds P Summer Camps/Retreats P Ballfields/ Ball Courts P Shooting Range C Swimming Pools/Bathing Areas P Recreational Resort C Fishing Docks/Piers P Industrial Distribution Center C Commercial Recycling Center' C Public Service/Utility Emergency Service Facilities P Truck/Bus Terminals P Communication/Transmission Towers (limitations apply) P Parking Facilities P Utility FacilitiesZ P Wellfields Greater than 100,000 d C Telephone/Cable Facilities P Wellfields (Less than or equal to 100,000 gpd)2 P LP Gas Storage/Distribution, (up to 1,000 gals) P Office Professional Business Office P Government Facility P Medical/Dental Office P Personal Service Businesses P Clinic P Photography Studios P Financial Institution (with drive -up facilities P Barbershop/Beauty Parlor P Model Home Center P Dispatch/Communication Office (excludes warehousing/distribution of goods) P OA -16-06 GNC District Key — Level of Review P = Permitted C = Conditional Use Uses Model Home (with sales office) P Neighborhood Commercial Health Club/Spa P I Light Mechanical Repair Shop P Community Center P Restaurants (No drive-up facilities) P Fraternal Organ ization/Lodge P Oen Air Cafe P Dance/Martial Arts/Instructional Studio P Bed & Breakfast P Retail Sales P Art Gallery/Museum P Strip Center P Library P Funeral Home/Mortuaries (no crematorium) P Tackle/Bait Shop P Specialty Food Store P Veterinary Office/Animal Hosp./Pet Groom (No outside kennels) P Service Businesses P Convenience Store P Laundries/Dry Cleaners P Other Commercial Solid Waste Haulers Facilities C Sales, Rental, Service, Repair — motorized vehicles P Flea Market P Truck Stops C Funeral Home/Mortuary (with Crematorium) P Car Wash Facilities P Billboard & Offsite Advertising P Gasoline Sales & Service P Hotel/Motel P Mobile Home Sales and Service P Hospital/Sanitarium' P Tavern, Bar, Lounge, Night Club, Dance Hall P Theater/Auditorium P Financial Institution (with drive-up facilities P Marina C ATM P Retail Plant Nurseries P Restaurants with Drive-up Facilities P Commercial/Trade Schools P Race Track/Outdoor Arena C Retail Sales P Veterinary Office/Animal Hosp./Pet Groom (with outside kennels P Shopping Center P Kennels P Grocery Store/Supermarket P Building/Trades Contractors (with outside storage) P Mini Warehouses C Lawn Care Operations P Medical Cannabis Dispensing Facility C OA -16-06 "`Use not allowed within the Coastal High Hazard Area except areas east of US -19 as a Conditional Use. See LDC Atlas for CHHA delineation. ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation. *Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) — 1.0 SECTION 3. THAT SECTION 2413, LIGHT INDUSTRIAL DISTRICT (LIND), OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOLLOWS: 2413. LIGHT INDUSTRIAL DISTRICT (LIND) The purpose of the LIND District is to encourage light industrial development by providing an environment exclusively for such development, subject to standards that protect the nearby residential, commercial, agricultural; and public uses of property from hazards, noise, and other disturbances. LIND District Key— Level of Review' GNC District P = Permitted Shooting Range P C = Conditional Use Uses "`Use not allowed within the Coastal High Hazard Area except areas east of US -19 as a Conditional Use. See LDC Atlas for CHHA delineation. ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation. *Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) — 1.0 SECTION 3. THAT SECTION 2413, LIGHT INDUSTRIAL DISTRICT (LIND), OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOLLOWS: 2413. LIGHT INDUSTRIAL DISTRICT (LIND) The purpose of the LIND District is to encourage light industrial development by providing an environment exclusively for such development, subject to standards that protect the nearby residential, commercial, agricultural; and public uses of property from hazards, noise, and other disturbances. LIND District Key — Level of Review P = Permitted C = Conditional Use Uses Outdoor Recreation Shooting Range P Agricultural Aquaculture P I Viticulture P Industrial Light Manufacturing — includes compounding, assembling or treatment or personal articles and household goods, articles of merchandise from previously prepared products, malleable metals, signs, instruments, toys, or similar goods. P Spraying supplies/equipment P Mini -warehouses (retail limited to 15% of gross floor area P Automotive/Truck/Equipment Rental P Blacksmith P Towing Services P Welding P 5 OA -16-06 LIND District II Key — Level of Review P = Permitted C = Conditional Use Uses Motor Vehicle Assembly/Repair P LP Gas Storage/Distribution (up to 1,000 gals.) P Auto Body/Fender Shops P Building Trade Assembly P Truck/Bus/Heavy Equipment Garages P Cement Batch Plant C Distribution Center P Warehousing (associated with light manufacturing) P Processing C Public Service/Utility Emergency Service Facilities P Truck/Bus Terminals C Communication/Transmission Towers (limitations apply) P Parking Facilities P Utility Facilities2 P Welifields Greater than 100,000 d C Maintenance Facilities P Wellfields (Less than or equal to 100,00, 11 d2 P LP Gas Storage/Distribution (up to 1,000 gals) P Office General Office (associated with industrial ark P Government Facility P Nei hborhood Commercial Catering/Food Service P Financial Institutions (with drive -up P facilities Laundromats/Dry Cleaners P Fraternal Organization/Lodge P Barber Shops and Salons P Professional offices . P General Commercial Retail Commercial Operations associated with the primary industrial use (must not exceed 15% of gross floor area) P Sales, Rental, Service, Repair — motorized vehicles P Funeral Home/Mortuary (with Crematorium P Truck Stops P Billboard & Offsite Advertising P Tavern, Bar, Lounge, Night Club, Dance Hall P Hotel/Motel P Medical/Dental Clinics including laboratories P Marina P Veterinary Off/Animal Hosp./Pet Groom (with outside kennels P Commercial/Trade Schools P Building/Trades Contractors (with outside storage) P Restaurants (includes those with drive iap facilities P ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed.within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation *Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) — 1.0 SECTION 4. THAT SECTION 2414, HEAVY INDUSTRIAL DISTRICT (IND), OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOLLOWS: 2414. HEAVY INDUSTRIAL DISTRICT (IND) This category is intended for manufacturing, processing, storage and warehousing, wholesaling, and distribution. The industrial category allows for any industrial use, or for transportation, communication, and utility use. IND District Key — Level of Review LIND DistrictP = Permitted Uses C = Conditional Use Outdoor Recreation Uses Lawn Care Operations P Solid Waste Haulers Facilities P Medical Cannabis Dispensing C Facility limitations a I 3 Agricultural ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed.within the Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation *Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) — 1.0 SECTION 4. THAT SECTION 2414, HEAVY INDUSTRIAL DISTRICT (IND), OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY AMENDED AS FOLLOWS: 2414. HEAVY INDUSTRIAL DISTRICT (IND) This category is intended for manufacturing, processing, storage and warehousing, wholesaling, and distribution. The industrial category allows for any industrial use, or for transportation, communication, and utility use. IND District Key— Level of Review P = Permitted C = Conditional Use Uses Outdoor Recreation Shooting Range P Agricultural Aquaculture P Confinement Feeding P Viticulture P Other Industrial Vegetative Debris/Disposal P Junkyards/Salvage Yards' P Commercial Incinerators P Commercial Recycling Centers' P Manufacturing P Landfills' P Wholesaling P Hazardous Material Facilities' P Processing P Crematorium P Storage P Power Generation Facilities P Distribution Center P C & D Facilities' P Warehousing P Slaughter House P 7 OA -16-06 Key — Level of Review IND District P = Permitted C = Conditional Use Uses LP Gas Storage/Distrib (exceeding 1,000 gals.; Bulk Fuel Storaae Emergency Service Facilities Communication/Transmission Towers (limitations apply) Utility Facilities (Water & Wastewater)' Maintenance Facilities LP Gas Storage/Distribution (up to 1,000 pals) 0 IPI Public Service/Utility P Airports/Airfields P Truck/Bus Terminals P I Parking Facilities P Wellfields (Greater than 100,000 pd)` P Wellfields (Less than or equal to 100,000 Office General Office P I Government Facility Neighborhood Commercial Fraternal Oraanization/Lodae I P General Commercial Sales, Rental, Service, Repair — motorized vehicles P Billboard & Offsite Advertising Truck Stops P Hotel/Motel Tavern, Bar, Lounge, Night Club, Dance Hall P Marina Race Track/Outdoor Arena C Golf Driving Range/Miniature Golf Veterinary Off/Animal Hosp./Pet Groom (with outside kennels) P Commercial/Trade Schools Building/Trades Contractors (with outside storage) P Retail Sales Lawn Care Operations P Shopping Center Solid Waste Haulers Facilities P Grocery Store/Supermarket Flea Market P Mini Warehouses Funeral Home/Mortuary (with Crematorium) P Medical Cannabis Dispensing Facility (limitations apply)3 ' Use not allowed within Coastal High Hazard Area. See LDC Atlas for CHHA delineation. 2 Regional facilities not allowed within the Coastal High Hazard Area. See LDC Atlas for CHHA delinEr :ition. 3Use not allowed within Interchange Management Areas (IMA). See Section 7400 for IMA delineation *Wellfields greater than 100,000 gpd are subject to approval by the BCC. Area Requirements: Maximum Lot Coverage — 70% Floor Area Ratio (non-residential uses only) — 1.0 0 SECTION 5. THAT SECTION 3765. MEDICAL CANNABIS DISPENSING FACILITIES, OF THE LAND DEVELOPMENT CODE OF CITRUS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, IS HEREBY CREATED AS FOLLOWS: 3765. MEDICAL CANNABIS DISPENSING FACILITIES A. No parcel shall be utilized and no structure shall be used, erected or altered on that parcel for the purpose of manufacture, sale, preparation or dispensing of medical cannabis if the nearest point of said parcel is situated within a 1,000 -foot radius from any point on a parcel used or reserved for use by any of the following purposes: 1. Schools, child care centers, or day care centers. 2. Houses of Worship. 3. Public libraries. 4. Public parks or playgrounds. B. Structures utilized for manufacturing, sale, preparation, or dispensing of medical cannabis within the GNC and LIND districts must maximize the setback to lands used or reserved for residential uses, with a minimum of 200 feet from the proposed structure to the residential land. Alternate standards for mitigating incompatibility between land uses may be considered as part of the Conditional Use process. C. A parcel shall be deemed to be reserved for any of the above uses if any of the following conditions exist: 1. The reservation is shown on a recorded plat. 2. The reservation appears in a development for which vested rights have been met as provided by this LDC. 3. The reservation is included in an approved DRI, an approved Planned Unit Development, or Planned Development zoning under Ordinances 80-05, 86- 12 or 90-14. D. For purposes of this Section, all public lands owned/managed by state, regional, or federal agencies shall not be considered to be public parks. 0 OA -16-06 E. There shall be a one (1) -mile separation from the legal boundary of the Ic containing the proposed dispensing facility to the legal boundary of the lot containing another facility regulated by this Section, and shall be measure :I in a straight line. F. No existing, approved medical cannabis dispensing facility shall become nonconforming through subsequent erection of a school, church, library, p ,iblic park or playground, as defined above, within the aforesaid prescribed are;: . SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional by the dec: ision of any court or regulatory body of competent jurisdiction, such decision shall n' it affect the validity of the remaining portions hereof. The Board of County Commi sioners hereby declares that it would have passed this ordinance and each ;;ection, subsection, sentence, clause or phrase hereof, irrespective of the fact that . Iny one or more sections, subsections, sentences, clauses, or phrases be declare(- illegal, invalid or unconstitutional and all ordinances and parts of ordinances in cone ict with the provisions of this ordinance are hereby repealed. SECTION 8. It is the intent of the Board of County Commissioners ':iat the provisions of this ordinance may be modified as a result of considerations t' ,at may arise during public hearings. Such modifications shall be incorporated into , lie final version of the ordinance adopted by the Board and filed by the Clerk to the B, i,ard. SECTION 9. This ordinance shall become effective as per Florida law. DONE AND ADOPTED at a duly called session of the Board of County Commis; ioners of Citrus County, Florida, this 11th day of October, 2016. ATTEST: ANGELA VICK, CLERK OF COURT 10 OA -16-06 CITRUS COUNTY, FLORIDA, 1' POLITICAL SUBDIVISION OF 111E STATE OF FLORIDA BY: RONALD E. KITCHEN, J1 CHAIRMAN APPROVED AS TO FORM FOR THE RELIANCE OF CITRUS COUNTY ONLY DENISE A. DYMOND LYN, COUNTY ATTORNEY 11 r Medical Marijuana Notes on Ordinances Review February 6, 2017 Alachua (low -THC; medical cannabis) Ordinance 16-15: amends Unified Land Development Code • Separation requirements: 750 feet from a school • Definitions • Zoning: dispensaries permitted only in zoning districts where MMD is listed as a limited use (commercial districts; special districts like hospital/medical) Baker Moratorium likely in early Feb (1St reading held in January) Bay (low -T C; medical cannabis) o %��" Moratorium: 24,0 days Ordinance 16-38 �if�� • Moratorium on ening, relocating, expanding any dispensing facility U Sch�C / • Unincorporated a as only `'` -� • Study and recomme ✓ti t t c-.�/ Bradford c% Issue to be discussed in March 2017; potential moratorium. &Brevard Z7c,N official information yet. ✓�s�-•�1e0 Broward (likely comprehensive medical marijuana) • Discussion likely on an ordinance to amend zoning code to add provisions for the regulation of MM cultivation, processing, and dispensing • February consideration Calhoun (low -THC and medical cannabis) Moratorium: 364 days Ordinance 2017-01 • Moratorium on opening, relocating, expanding any dispensing facility • Unincorporated areas only • Study and recommend Charlotte (cannabis) Moratorium: 9 months Ordinance 2016-036 • Moratorium on opening of new cannabis dispensing businesses and on the expansion/relocation of existing cannabis dispensing businesses in the county • The county will not accept, process or approve any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business; 1 • Does not apply to the use or delivery of cannabis under the Compassiona a Use Act • Study and assess impacts Citrus (medical cannabis) LDR Code provisions • Distance requirements: 1000 feet from school, child care, day care, hous !s of workshop, public libraries, public parks/playgrounds \ �y� Separation requirements: one mile in between dispensing facilities 5' 4� Clay (comprehensive medical marijuana) Moratorium: time period not specified (,4 e.'� Ordinance 2017-6 �• County cannot accept, process, or approve any application relating to the operation of a MMTC or licensed DO. Collier Issue likely being discussed in February 2017 Columbia (cannabis; cannabis dispensing business) Moratorium: timeframe silent Ordinance 2016-31 • No permits to open or cause to be opened; permits to relocate or cause tc be relocated; to expand or cause to be expanded any cannabis dispensing businesses in the unincorporated areas • The county will not accept, process or approve any application for busine:: tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business • Does not apply to the use or delivery of cannabis under the Compassiona a Use Act • Study and assess impacts Desoto (cannabis; cannabis dispensing business) Moratorium: timeframe silent Ordinance 2016-21 • No permits to open or cause to be opened; permits to relocate or cause tc, be relocated; to expand or cause to be expanded any cannabis dispensing businesses in the unincorporated areas • The county will not accept, process or approve any application for busine: tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business • Does not apply to the use or delivery of cannabis under the Compassiona ia Use Act • Study and assess impacts 2 Dixie (cannabis; cannabis dispensing business) Moratorium: timeframe silent Ordinance 2016-13 • No permits to open or cause to be opened; permits to relocate or cause to be relocated; to expand or cause to be expanded any cannabis dispensing businesses in the unincorporated areas • The county will not accept, process or approve any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business • Does not apply to the use or delivery of cannabis under the Compassionate Use Act • Study and assess impacts Duval (low -THC) Ordinance 2015-782-E • Zoning Code amendments • Definitions • Authorizing and dispensing are now authorized permitted uses in Commercial Community/General-1, -2; Industrial Business Park District; cultivation, process and dispensing in Industrial Light District; cultivation in Agriculture district. • Establishing performance standards and development criteria for cultivation, processing and dispensing of low -THC cannabis • Must be approved by DOH • Only one dispensing facility within each planning district • Separation requirements: one mile between dispensing facilities • Must be sufficient space for customers to queue inside the facility (no outside waiting) • Off-street parking requirements • Cannot create excessive traffic, noise, lights, vibration, fumes, odors, dust, physical activities or other detrimental effects or nuisances to surrounding properties • No prohibitions of licensed health care practitioners from prescribing cannabis Escambia (low -THC dispensed by state DOs) Ordinance 2017- (enacted on January 5, 2017) • Amended provisions of the land development code • Retail sales of low -THC marijuana when ancillary to cultivation or processing, permitted in Agricultural district; retail dispensing facilities permitted in rural mixed use district; retail dispensing facilities (small scale) permitted in low density mixed use district and high density mixed use district; retail dispensing facilities permitted in commercial district, heavy commercial and light industrial district • Definition of dispensing facility refers to retail sales. 3 Flagler (comprehensive MM) Moratorium: 180 days or June 17, 2017 Ordinance 2016- • Prohibits the acceptance, processing, or approval of any application, incl :ling one for a business tax receipt relating to the establishment or operation o. - qualified dispensing organizations • Study and recommend Franklin Moratorium anticipated March 2017 �d.s'��Gadsden u^4- No action taken. ,r Gilchrist fPS,�41^ Moratorium 4D,� Glades (cannabis; cannabis dispensing business) Ordinance 2016-5 • Highly regulatory • Certificate of approval required to be issued by the county (three year tern -i); renewal allowed for successive three year periods • Limits on ## of county certificates that will be issued (1 for every 67,600 it population) • Application fee for the certificate of approval • Application requirements established; process created; timelines institute, • Upon receiving a certificate of approval, the operator must seek a premiss; s authorization for the location chosen for the dispensary o Requirements include previous retail dispensing experience in a re :lulated market; quality of derivative product offerings; technical ability; qualifications of security team; qualifications of medical director; av, and received • Distances requirements: cannot be located within 1500 feet of a school, I- ouse of workshop, public park/recreation area, day care center, county owned ,r run building, senior care center. • Inspection requirements • On -premises requirements, including security, business hours, no on-site consumption, odor elimination standards Gulf Five month moratorium enacted last week of January 2017. Hamilton (cannabis; cannabis business) Moratorium: silent as to duration Ordinance 2016-07 4 • No permits to open or cause to be opened; permits to relocate or cause to be relocated; to expand or cause to be expanded any cannabis dispensing businesses in the unincorporated areas • . The county will not accept, process or approve any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business • Does not apply to the use or delivery of cannabis under the Compassionate Use Act • Study and assess impacts Hardee Moratorium anticipated February 2017. Hendry Issue expected to be discussed in February 2017. Hernando (comprehensive medical marijuana)' Moratorium: 12 months Ordinance 2016- • Moratorium on the issuance of zoning approvals, development permits or other development approvals for the establishment or location of MM dispensaries or MM cultivation facilities • Requires certificate of use be applied for and granted, annual b the county to authorize the operation of a specific MM dispensary or cultivation facility, including criminal background checks • Inspections authorized • Application fee, nonrefundable ($5,000); annual permit fee ($2500) • Articulates grounds on which certificate of use can be denied • Established compliance standards, including facilities cannot have any outdoor seating areas, ques, or customer waiting areas; all activities must be conducted within a completely enclosed building; mobile/temp facilities are prohibited; use of vending machine to dispense MM prohibited • Hours of operation limited • Cannot be a home occupation • No retail sales or dispensation of MM at a cultivation facility • Cultivation facility must be fully enclosed structure with min of 5000 square feet of gross floor area; proper ventilation; building code compliance • Exterior signage regulations • Security plans must include surveillance cameras; professionally monitored alarm systems; exterior security lighting; deadbolt locks on exterior doors; permanently affixed locking safe for storage of cash • Transaction records retention • Warning signs posted of health risks of MM 'Awaiting verification of final enactment. rl • Application process, appeals, timing • Penalties • Distance separation requirements (1000 feet) • Authorized use in certain commercial districts and certain commercial/indi, strial districts Highlands (comprehensive medical marijuana) Moratorium: 180 days Ordinance 16-17-04 During moratorium, unlawful to establish, open or cause to be opened an!, MMTC or cannabis dispensing facility in unincorporated area No action will be taken by the county on any application for development ermit, development order or take any other official action that would have the ef:::ct of allowing or permitting the development of any MMTC or cannabis dispens ng facility. Any applicant for any development permit, development order or other off .:.ial county action that would facilitate the establishment of a MMTC or cannal, Is dispensing facilities must disclose the intention to establish such a facility ;failure to disclose = penalties) Hillsborough (low -THC and medical cannabis) Moratorium: 180 days Ordinance 2016-20 • Moratorium on the acceptance of applications for, the processing of, and f. -le issuance of development permits, site plan approvals or any other official ;fiction of the county permitting or having the effect of permitting new MM dispen:, ling facilities. • Does not affect any DO that has received dispensing authorization from C 0 for which the county has issued a zoning verification letter and for which development permits have been obtained, in reliance on the zoning verific;:ition letter; however, no expansions permitted during moratorium. Holmes No action taken. Indian River (comprehensive medical marijuana) Ordinance 2016-005 Amendments to "Pain Management Clinics and Controlled Substances" pf i,rtion of the county code to include MMTCs Prohibits the operation of a MMTC that is not wholly owned and operated -)y one or more: (a) board certified anesthesiologists, physiatrists, or neurologist:; or (b) board certified medical specialists who have also completed fellowships it pain medicine or who are also board certified in pain medicine Prohibits cultivation, administration or consumption of marijuana at a pain management clinic. C • More rigorous permit application process for MMTCs than other pain management clinics Jackson Scheduled for enactment in February 2017; proposed ordinance mirrors Bay County. Jefferson No action yet. Lafayette No action yet. Discussion of a possible moratorium likely in February. Lake (low -THC and medical marijuana) Moratorium: until May 23, 2017 Ordinance 2016-51 • Prohibits the on-site sale, provision, or dispensing of medical cannabis, low -THC and cannabis derivative products except as otherwise authorized by applicable federal, state or local law • Prohibits the tax collector from issuing new local business tax receipts to any person or entity for the purpose of engaging in, operating, or managing a business or facility for "medical cannabis activities" Leon Workshop scheduled for February 2017. Levy (only had first hearing; final hearing in February 2017) (comprehensive medical cannabis) Moratorium: until November 9, 2017 Ordinance 2017-002 Violation of moratorium for any person, firm, corporation or other entity to open, establish or operate, or cause to be opened, established or operated, any facility conducting any medical cannabis activities, or to conduct any medical cannabis activities in the unincorporated areas during moratorium County will not accept applications for, process, or issue any development permits, development orders, or any other official action allowing or having the effect of allowing any medical cannabis activities Win unincorporated areas Study during moratorium period Liberty No action yet. Madison N/A Manatee (comprehensive medical marijuana) 7 u Moratorium: 180 days Ordinance 2016-49 • County will not accept, process or approve any application relating to the establishment or operation of a medical marijuana dispensing organizatic a or MMTC. • Zoning review and recommendations Marion (low THC/medical cannabis)2 Moratorium: 180 days Ordinance 2016- • Moratorium on the acceptance of applications for, the processing of, and lie issuance of development permits, site plan approvals or any other official :Iction of the county permitting or having the effect of permitting new MM dispen.- ing facilities. • Does not affect any DO that has received dispensing authorization from C: OH for which the county has issued a zoning verification letter and for which development permits have been obtained in reliance on the zoning verific ution letter; however, no expansions permitted during moratorium. Martin No action yet. Miami -Dade (low THC/medical cannabis) l Ordinance 2016-67 • Amended existing code to establish the zoning regulations related to the I :►cation and permitting of establishments that dispense low -THC cannabis or mea cal cannabis; established zoning districts where facilities are permitted uses (including site requirements in certain districts) • Sets minimum distance between dispensaries and child care facilities, preschools, schools, religious facilities at 1000 feet; certain zoning district::. designated as residential (500 feet) and establishments dispensing same Ione mile) • Requires entities to obtain an annual certificate of use • Sets operating hours; prohibits the dispensing, receipt, payment and consumption of low -THC cannabis outside of the dispensing establishmer t except for delivery to eligible patients • Inspections authorized Monroe No action yet. Issue to be discussed in February 2017. Nassau 2 Awaiting verification on final enactment. Moratorium: 180 days (from 12/21/16) Ordinance 2016-15 • Moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, site plan approvals or any other official action of the county permitting or having the effect of permitting new MM dispensing facilities. • Does not affect any DO that has received dispensing authorization from DOH for which the county has issued a zoning verification letter and for which development permits have been obtained in reliance on the zoning verification letter; however, no expansions permitted during moratorium. �iitr; r Okaloosa (comprehensive medical marijuana) Moratorium: 180 days Ordinance 2017- (enacted on 1/15/2017) Moratorium on the county's accepting, processing or taking any action on any application for a development permit, development order or any other official action that would have the effect of allowing or permitting the development of MM dispensing facilities. Okeechobee (comprehensive medical marijuana) Moratorium: 180 days Ordinance 2016-0003 • Moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, site plan approvals or any other official action of the county permitting or having the effect of permitting new MM dispensing facilities. • Does not affect any DO that has received dispensing authorization from DOH for which the county has issued a zoning verification letter and for which development permits have been obtained in reliance on the zoning verification letter; however, no expansions permitted during moratorium. Orange (low THC and medical cannabis) Moratorium: until May 23, 2017 • Study and recommend • No development permits to be issued during moratorium for any medical cannabis activities Osceola_(co_mpr_ehensive-medical-matzijuana) Ordinance 2016-97 • Regulates the sale and distribution of medical marijuana to ensure a supply of medical marijuana to patients who qualify to obtain, possess, and use cannabis, pursuant to state law, while promoting compliance with other state laws that regulate cannabis. • ;Allows for 1 rnarijuan.a-tr_eatment center per 100;000_residents I • Requires the County Manager to create an Application Review CommitteE; to rank and recommend applications for Certificates of Approval to the Boar-. of County Commissioners. • Premise Authorization process and issuance. • Location restrictions including not allowing centers in CRAs • Premises activity restrictions including o Products must be in sealed or locked containers o Waiting area must have sufficient seating w/o them waiting outside no display of products in the waiting area; ceiling height requirements; dispensing must be in an area separated from the waiting area; ligl ting requirements; professional office decor o No unaccompanied minors o No loitering o No queueing of vehicles o No consumption of alcohol o One parking space for every 200 gross square feet of building are@ • Signage regulations on site; signage regulations on delivery vehicles • Ongoing inspections of the operators • Method of revocation should the operator fail to adhere to the requiremen in the ordinance. • Indemnification of the county for operations in the county • Certificate of approval has an initial term of three years • Requires a medical director for each company • Requires state approval of applicant before issuance of certificate of appri oval. • Outlines requirements and quals for applicants. Palm Beach No action yet; possibly in February 2017. Pasco (comprehensive medical marijuana) Ordinance 2016-41 Zoning regulation with conditional use criteria including • Hours of operation • Distance requirements • Separation requirements (one mile) • Adequate set backs and buffers from boundaries of residential zones • Signage regulations to NOT target minors • Prohibit outdoor seating, queues, or waiting areas • Parking minimums: one space per 300 square feet Pinellas (comprehensive medical marijuana) Moratorium: 180 days Ordinance 2017-05 10 • Moratorium on the establishment of new MM dispensing facilities under the Compassionate Medical Cannabis Act and MMTCs under Amendment 2. Polk (comprehensive medical marijuana) Moratorium: 180 days Ordinance 2017-001 • County will not accept, process or approve any application relating to the establishment or operation of a medical marijuana dispensing organization or MMTC. • Study and recommend (dispensing facilities and MMTCs) Putnam (comprehensive medical marijuana) Moratorium: until March 2017 Ordinance 2016-22 • Moratorium on accepting, processing or approving any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business • Does not prohibit the use of cannabis under Florida law or the delivery of cannabis in accordance with Florida law Santa Rosa No action yet. Sarasota (comprehensive medical marijuana BUT predates Amendment 2) Ordinance 2014-66 • Changes to its Zoning Regulations relating to MM, detailing the Zoning Districts in which the separate uses of cultivation, processing, and dispensing, are allowed o Cannabis Farms allowed only in Open Use Agriculture (OUA), Open Use Rural (OUR), and Open Use Estate (OUE) zoning districts by special exception o Research/Processing Facilities allowed only in Industrial and Research (IR) or Industrial, Light Manufacturing, and Warehousing (ILW) zoning districts by special exception o Dispensaries allowed only in Office, Professional, and Institutional (OPI) and General Commercial (CG) zoning districts by special exception • All uses must be approved by the Board of County Commissioners through a special exception • Prohibitions against loitering in parking areas at dispensaries; against drive- through dispensaries; • Distance requirements: 500 -foot separation distance from pre-existing schools, houses of worship, daycare facilities, public parks, and public beaches • Prohibits integrated uses of Cannabis Farms, Processing Facilities, and Dispensaries; requires indoor cultivation; prohibits use of gas products associated with cultivation • Requires use of alarm systems; restricts hours of operation 11 Seminole No action yet. St. Johns No action yet. St. Lucie No action yet; draft moratorium ordinance scheduled for first hearing in February 2017. Sumter (comprehensive medical marijuana) Ordinance 2017-01 • Certificate of Approval process established for a Cannabis Dispensing Bu :;iness; three year term • Requirements for certificate established, including an application period aid scoring process that evaluates the following: previous retail dispensing experience in a regulated market in any state; quality of derivative produc offerings; technical ability; qualifications of security team; qualifications of medical director; awards • Prohibits certairrpersons-or-entities from being issued a certificate • One dispensary'for every -&7-j 00 resres dents • Inspections of approved premises • Zoning requirements • Distance requirements: 250 feet from school, house of workshop • Premises requirements, including products must in sealed or locked conti: liner; operating hours established by Florida law control dispensing hours except for delivery and administrative functions; no unaccompanied minors; odor elimination; proper disposal Suwanee No action yet. Taylor No action yet. Union N/A Volusia No action yet. Wakulla (comprehensive medical marijuana) Ordinance 2017-02 "Zoning in progress" Any applications for, the processing of, and the issuance of development ;permits, development orders, or any other official action of the county permitting of having 12 the effect of permitting new MM dispensing facilities and/or new MMTCs are subject to the zoning which is in progress even though not finalized and adopted at the time an application was submitted. Walton No action yet; issue to be discussed February 2017. Washington (comprehensive medical marijuana) Moratorium: 240 days Ordinance 2017-1 Moratorium is imposed on the opening, relocating, or expanding of any dispensing facilities, including but not limited to DFs owned or operated by an approved dispensing organization under section 381.986. Moratorium also imposed on all medical cannabis activities by any person or entity NO approved as a DO under section 381.986 Study and recommendations 13 Katherine Barbieri From: Knowles, Keith (COC) <KAK1@miamidade.gov> Sent: Wednesday, April 12, 2017 1:34 PM To: Katherine Barbieri Subject: Cannabis Item http//wxvw,.miainidad.e.govl govactionlmatter.asp?matter=1.6161.3 &tile=true&yearFolder=Y2016 Eddie Kirtley 305-375-2066 Dennis Kerbel 305-375-5229 Keith A. Knowles Senior County Commission Clerk Miami -Dade County Clerk of Courts Clerk of the Board Division ' r• a U� 111 N.W. 1St Street, Suite 17-202 [; db" Miami FL 33128 ( 56 (305) 375-3841 (305) 375-2484 fax 1 , 3 I 1 http://www.niiam.idade.gov/cobf,_"O r,,,o S f 41 1 /(31 C• -- 1 t Fla. Stat. -4 381.986 The Florida code and constitution are updated through all legislation signed and in effect as of 4/18/2017. LexisNexis® Florida Annotated Statutes > Title XX/X. Public Health (Chs. 381-408) > Chapter 381. Public Health: General Provisions. § 381.986. Compassionate use of low -THC and medical cannabis. (1) Definitions. — As used in this section, the term: (a) "Cannabis delivery device" means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing low -THC cannabis or medical cannabis into the human body. (b) "Dispensing organization" means an organization approved by the department to cultivate, process, t ansport, and dispense low -THC cannabis or medical cannabis pursuant to this seofie — (c) "Independent testing laboratory" means a laboratory, including the managers, employees, or contractors of the laboratory, which has no direct or indirect interest in a dispensing organization. (d) "Legal representative" means the qualified patient's parent, legal guardian acting pursuant to a court's authorization as required under s. 744.3215(4), health care surrogate acting pursuant to the qualified patient's written consent or a court's authorization as required under s. 765.113, or an individual who is authorized under a power of attorney to make health care decisions on behalf of the qualified patient. (e) "Low -THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. (f) "Medical cannabis" means all parts of any plant of the genusCannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295. (g) "Medical use" means administration of the ordered amount of low -THC cannabis, or medical cannabis. The term does not include the: 1. Possession, use, or administration of low -THC cannabis or medical cannabis by smoking. 2. Transfer of low -THC cannabis or medical cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative on behalf of the qualified patient. 3. Use or administration of low -THC cannabis or medical cannabis: a. On any form of public transportation. b. In any public place. c. In a qualified patient's place of employment, if restricted by his or her employer. Katherine Barbieri t Page 2 of 9 Q Fla. Stat. § 381.986 d. In a state correctional institution as defined in s. 944.02 or a correctional institur.: on as defined in s. 944.241. e. On the grounds of a preschool, primary school, or secondary school. f. On a school bus or in a vehicle, aircraft, or motorboat. (h) "Qualified patient" means a resident of this state who has been added to the coml: issionate use registry by a physician licensed under chapter 458 or chapter 459 to receive low-TH °. cannabis or medical cannabis from a dispensing organization. (i) "Smoking" means burning or igniting a substance and inhaling the smoke. Smoking d(: ;s not include the use of a vaporizer. (2) Physician ordering. — A physician is authorized to order low -THC cannabis to treat a qi alified patient suffering from cancer or a physical medical condition that chronically produces symptoms :)f seizures or severe and persistent muscle spasms; order low -THC cannabis to alleviate symptoms of :;uch disease, disorder, or condition, if no other satisfactory alternative treatment options exist for the qualified patient; order medical cannabis to treat an eligible patient as defined in s. 499.0295; or order a car ,iabis delivery device for the medical use of low -THC cannabis or medical cannabis, only if the physician: (a) Holds an active, unrestricted license as a physician under chapter 458 or an osteop� :hic physician under chapter 459; (b) Has treated the patient for at least 3 months immediately preceding the patient's reg Aration in the compassionate use registry; (c) Has successfully completed the course and examination required under paragraph (4)(a; (d) Has determined that the risks of treating the patient with low -THC cannabis or medica cannabis are reasonable in light of the potential benefit to the patient. If a patient is younger than 18 y gars of age, a second physician must concur with this determination, and such determination must be ocumented in the patient's medical record; (e) Registers as the orderer of low -THC cannabis or medical cannabis for the named patient on the compassionate use registry maintained by the department and updates the registry 'to reflect the contents of the order, including the amount of low -THC cannabis or medical cannabis tt• :at will provide the patient with not more than a 45 -day supply and a cannabis delivery device needed by the patient for the medical use of low -THC cannabis or medical cannabis. The physician must a io update the registry within 7 days after any change is made to the original order to reflect thE: change. The physician shall deactivate the registration of the patient and the patient's legal repre:: ;!ntative when treatment is discontinued; (f) Maintains a patient treatment plan that includes the dose, route of administration, pla, ned duration, and monitoring of the patient's symptoms and other indicators of tolerance or reaction it the low -THC cannabis or medical cannabis; (g) Submits the patient treatment plan quarterly to the University of Florida College of :'harmacy for research on the safety and efficacy of low -THC cannabis and medical cannabis on patier :s; (h) Obtains the voluntary written informed consent of the patient or the patient's legal rel. "esentative to treatment with low -THC cannabis after sufficiently explaining the current state of knc: ✓ledge in the medical community of the effectiveness of treatment of the patient's condition with low I -IC cannabis, the medically acceptable alternatives, and the potential risks and side effects; (i) Obtains written informed consent as defined in and required under s. 499.0295, if th i physician is ordering medical cannabis for an eligible patient pursuant to that section; and Q) Is not a medical director employed by a dispensing organization. (3) Penalties. Katherine Barbieri a Page 3 of 9 Fla. Stat. § 381.986 (a) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the physician orders low -THC cannabis for a patient without a reasonable belief that the patient is suffering from: 1. Cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low -THC cannabis; or 2. Symptoms of cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms that can be alleviated with low -THC cannabis. (b) A physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the physician orders medical cannabis for a patient without a reasonable belief that the patient has a terminal condition as defined in s. 499.0295. (c) A person who fraudulently represents that he or she has cancer, a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms, or a terminal condition to a physician for the purpose of being ordered low -THC cannabis, medical cannabis, or a cannabis delivery device by such physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (d) An:eligible patient as defined in s. 499.0295 who uses medical cannabis, and such patient's legal representative who administers medical cannabis, in plain view of or in a place open to the general public, on the grounds of a school, or in a school bus, vehicle, aircraft, or motorboat, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (e) A physician who orders low -THC cannabis, medical cannabis, or a cannabis delivery device and receives compensation from a dispensing organization related to the ordering of low -THC cannabis, medical cannabis, or a cannabis delivery device is subject to disciplinary action under the applicable practice act and s. 456.072(1)(n). (4) Physician education. . (a) Before ordering low -THC cannabis, medical cannabis, or a cannabis delivery device for medical use by a patient in this state, the appropriate board shall require the ordering physician to successfully complete an 8 -hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association that encompasses the clinical indications for the appropriate use of low -THC cannabis and medical cannabis, the appropriate cannabis delivery devices, the contraindications for such use, and the relevant state and federal laws governing the ordering, dispensing, and possessing of these substances and devices. The course and examination shall be administered at least annually. Successful completion of the course may be used by a physician to satisfy 8 hours of the continuing medical education requirements required by his or her respective board for licensure renewal. This course may be offered in a distance learning format. (b) The appropriate board shall require the medical director of each dispensing organization to hold an active, unrestricted license as a physician under chapter 458 or as an osteopathic physician under chapter 459 and successfully complete a 2 -hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association that encompasses appropriate safety procedures and knowledge of low -THC cannabis, medical cannabis, and cannabis delivery devices. (c) Successful completion of the course and examination specified in paragraph (a) is required for every physician who orders low -THC cannabis, medical cannabis, or a cannabis delivery device each time such physician renews his or her license. In addition, successful completion of the course and examination specified in paragraph (b) is required for the medical director of each dispensing organization each time such physician renews his or her license. (d) A physician who fails to comply with this subsection and who orders low -THC cannabis, medical cannabis, or a cannabis delivery device may be subject to disciplinary action under the applicable practice act and under s. 456.072(9)(k). Katherine Barbieri 0 Page 4 of 9 ti Fla. Stat. § 381.986 (5) Duties of the department. —The department shall: (a) Create and maintain a secure, electronic, and online compassionate use registry for the: registration of physicians, patients, and the legal representatives of patients as provided under thin section. The registry must be accessible to law enforcement agencies and to a dispensing organizati( 'i to verify the authorization of a patient or a patient's legal representative to possess low -THC can: abis, medical cannabis, or a cannabis delivery device and record the low -THC cannabis, medico cannabis, or cannabis delivery device dispensed. The registry must prevent an active registration c a patient by multiple physicians. (b) Authorize the establishment of five dispensing organizations to ensure reason: ile statewide accessibility and availability as necessary for patients registered in the compassionate u: a. registry and who are ordered low -THC cannabis, medical cannabis, or a cannabis delivery dev ;:e under this section, one in each of the following regions: northwest Florida, northeast Florida, c: ,ntral Florida, southeast Florida, and southwest Florida. The department shall develop an applica ion form and impose an initial application and biennial renewal fee that is sufficient to cover the costs of administering this section. An applicant for approval as a dispensing organization mi i3t be able to demonstrate: 1. The technical and technological ability to cultivate and produce low -THC cannabis.. 'rhe applicant must possess a valid certificate of registration issued by the Department of A Iriculture and Consumer Services pursuant to s. 581.131 that is issued for the cultivation of more: than 400,000 plants, be operated by a nurseryman as defined in s. 581.011, and have been Iperated as a registered nursery in this state for at least 30 continuous years. 2. The ability to secure the premises, resources, and personnel necessary to operate a a dispensing organization. 3. The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or unlawful access to or possession of these substances. 4. An infrastructure reasonably located to dispense low -THC cannabis to regis ::red patients statewide or regionally as determined by the department. 5. The financial ability to maintain operations for the duration of the 2 -year approval c: cle, including the provision of certified financials to the department. Upon approval, the applicant i lust post a $5 million performance bond. However, upon a dispensing organization's serving I: least 1,000 qualified patients, the dispensing organization is only required to maintain a $2 millie performance bond. 6. That all owners and managers have been fingerprinted and have successfully pa. sed a level 2 background screening pursuant to s. 435.04. 7. The employment of a medical director to supervise the activities of the dispensing or( ;anization. (c) Upon the registration of 250,000 active qualified patients in the compassionate use rel stry, approve three dispensing organizations, including, but not limited to, an applicant that is a rei :)gnized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmer, _Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the Black Farmers and Agriculturalists Ass( ciation, which must meet the requirements of subparagraphs (b)2.-7. and demonstrate the ;chnical and technological ability to cultivate and produce low -THC cannabis. (d) Allow a dispensing organization to make a wholesale purchase of low -THC canna) s or medical cannabis from, or a distribution of low -THC cannabis or medical cannabis to, anotll :�r dispensing organization. (e) Monitor physician registration and ordering of low -THC cannabis, medical cannabis, jr a cannabis delivery device for ordering practices that could facilitate unlawful diversion or misuse of low -THC cannabis, medical cannabis, or a cannabis delivery device and take disciplinary action a.: indicated. Katherine Barbieri Oe i Page 5 of 9 Fla. Stat. § 381.986 (6) Dispensing organization. — An approved dispensing organization must, at all times, maintain compliance with the criteria demonstrated for selection and approval as a dispensing organization under subsection (5) and the criteria required in this subsection. (a) When growing low -THC cannabis or medical cannabis, a dispensing organization: 1. May use pesticides determined by the department, after consultation with the Department of Agriculture and Consumer Services, to be safely applied to plants intended for human consumption, but may not use pesticides designated as restricted -use pesticides pursuant to s. 487.042. 2. Must grow low -THC cannabis or medical cannabis within an enclosed structure and in a room separate from any oth_�n!an+ 3. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural and agricultural interests of the state, notify the Department of Agriculture and Consumer Services within 10 calendar days after a determination that a plant is infested or infected by such plant pest, and implement and maintain phytosanitary policies and procedures. 4. Must perform fumigation or treatment of plants, or the removal and destruction of infested or infected plants, in accordance with chapter 581 and any rules adopted thereunder. (b) When processing low -THC cannabis or medical cannabis, a dispensing organization must: 1. Process the low -THC cannabis or medical cannabis within an enclosed structure andin a room separate from other plants or products. 2. Test the processed low -THC cannabis and medical cannabis before they are dispensed. Results must be verified and signed by two dispensing organization employees. Before dispensing low - THC cannabis, the dispensing organization must determine that the test results indicate that the low -THC cannabis meets the definition of low -THC cannabis and, for medical cannabis and low - THC cannabis, that all medical cannabis and low -THC cannabis is safe for human consumption and free from contaminants that are unsafe for human consumption. The dispensing organization must retain records of all testing and samples of each homogenous batch of cannabis and low - THC cannabis for at least 9 months. The dispensing organization must contract with an independent testing laboratory to perform audits on the dispensing organization's standard operating procedures, testing records, and samples and provide the results to the department to confirm that the low -THC cannabis or medical cannabis meets the requirements of this section and that the medical cannabis and low -THC cannabis is safe for human consumption. 3. Package the low -THC cannabis or medical cannabis in compliance with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. 4. Package the low -THC cannabis or medical cannabis in a receptacle that has a firmly affixed and legible label stating the following information: a. A statement that the low -THC cannabis or medical cannabis meets the requirements of subparagraph 2.; b. The name .of the dispensing organization from which the medical cannabis or low -THC cannabis originates; and c. The batch number and harvest number from which the medical cannabis or low -THC cannabis originates. 5. Reserve two processed samples from each batch and retain such samples for at least 9 months for the purpose of testing pursuant to the audit required under subparagraph 2. (c) When dispensing low -THC cannabis, medical cannabis, or a cannabis delivery device, a dispensing organization: Katherine Barbieri .k Page 6 of 9 4 Fla. Stat. § 381.986 1. May not dispense more than a 45 -day supply of low -THC cannabis or medical ;annabis to a patient or the patient's legal representative. 2. Must have the dispensing organization's employee who dispenses the low -THC can iabis, medical cannabis, or a cannabis delivery device enter into the compassionate use registry h I. or her name or unique employee identifier. 3. Must verify in the compassionate use registry that a physician has ordered the low-': HC cannabis, medical cannabis, or a specific type of a cannabis delivery device for the patient. 4. May not dispense or sell any other type of cannabis, alcohol, or illicit drug -re: !ated product, including pipes, bongs, or wrapping papers, other than a physician -ordered car, iabis delivery device required for the medical use of low -THC cannabis or medical cannabis, wl, le dispensing low -THC cannabis or medical cannabis. 5. Must verify that the patient has an active registration in the compassionate use regis iy, the patient or patient's legal representative holds a valid and active registration card, the or Per presented matches the order contents as recorded in the registry, and the order has not already. been filled. 6. Must, upon dispensing the low -THC cannabis, medical cannabis, or cannabis dl,, livery device, record in the registry the date, time, quantity, and form of low -THC cannabis or me: tical cannabis dispensed and the type of cannabis delivery device dispensed. (d) To ensure the safety and security of its premises and any off-site storage facilities, a d to maintain adequate controls against the diversion, theft, and loss of low -THC cannabis, medic, cannabis, or cannabis delivery devices, a dispensing organization shall: 1. a. Maintain a fully operational security alarm system that secures all entry points :rnd perimeter windows and is equipped with motion detectors; pressure switches; and duree; .s, panic, and hold-up alarms; or b. Maintain a video surveillance system that records continuously 24 hours each c: ay and meets at least one of the following criteria: (1) Cameras are fixed in a place that allows for the clear identification of persons!. and activities in controlled areas of the premises. Controlled areas include grow roorr s, processing rooms, storage rooms, disposal rooms or areas, and point-of-sale rooms; (11) Cameras are fixed in entrances and exits to the premises, which shall re(: ;)rd from both indoor and outdoor, or ingress and egress, vantage points; (III) Recorded images must clearly and accurately display the time and date; or (IV) Retain video surveillance recordings for a minimum of 45 days or longer up n the request of a law enforcement agency. 2. Ensure that the organization's outdoor premises have sufficient lighting from dusk ur it dawn. 3. Establish and maintain a tracking system approved by the department that trace:. the low -THC cannabis or medical cannabis from seed to sale. The tracking system shall include notification of key events as determined by the department, including when cannabis seeds are Aanted, when cannabis plants are harvested and destroyed, and when low -THC cannabis or medi. al cannabis is transported, sold, stolen, diverted, or lost. 4. Not . dispense from its premises low -THC cannabis, medical cannabis, or a car -iabis delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operatic 'is and deliver low -THC cannabis and medical cannabis to qualified patients 24 hours each day. 5. Store low -THC cannabis or medical cannabis in a secured, locked room or a vault. Katherine Barbieri Al r Page 7 of 9 Fla. Stat. § 381.986 6. Require at least two of its employees, or two employees of a security agency with whom it contracts, to be on the premises at all times. 7. Require each employee to wear a photo identification badge at all times while on the premises. 8. Require each visitor to wear a visitor's pass at all times while on the premises. 9. Implement an alcohol and drug-free workplace policy. 10. Report to local law enforcement within 24 hours after it is notified or becomes aware of the theft, diversion, or loss of low -THC cannabis or medical cannabis. (e) To ensure the safe transport of low -THC cannabis or medical cannabis to dispensing organization facilities, independent testing laboratories, or patients, the dispensing organization must: 1. Maintain a transportation manifest, which must be retained for at least 1 year. 2. Ensure only vehicles in good working order are used to transport low -THC "cannabis or medical cannabis. 3. Lock low -THC cannabis or medical cannabis in a separate compartment or container within the vehicle. 4. Require at least two persons to be in a vehicle transporting low -THC cannabis or medical cannabis, and require at least one person to remain in the vehicle while the low -THC cannabis or medical cannabis is being delivered. 5. Provide specific safety and security training to employees transporting or delivering low -THC cannabis or medical cannabis. (7) Department authority and responsibilities. (a) The department may conduct announced or unannounced inspections of dispensing organizations to determine compliance with this section or rules adopted pursuant to this section. (b) The department shall inspect a dispensing organization upon complaint or notice provided to the department that the dispensing organization has dispensed low -THC cannabis or medical cannabis containing any mold, bacteria, or other contaminant that may cause or has caused an adverse effect to human health or the environment. (c) The department shall conduct at least a biennial inspection of each dispensing organization to evaluate the dispensing organization's records, personnel, equipment, processes, security measures, sanitation practices, and quality assurance practices. (d) The department may enter into interagency agreements with the Department of Agriculture and Consumer Services, the Department of Business and Professional Regulation, the Department of Transportation, the Department of Highway Safety and Motor Vehicles, and the Agency for Health Care Administration, and such agencies are authorized to enter into an interagency agreement with the department, to conduct inspections or perform other responsibilities assigned to the department under this section. (e) The department must make a list of all approved dispensing organizations and qualified ordering physicians and medical directors publicly available on its website. (f) The department may establish a system for issuing and renewing registration cards for patients and their legal representatives, establish the circumstances under which the cards may be revoked by or must be returned to the department, and establish fees to implement such system. The department must require, at a minimum, the registration cards to: 1. Provide the name, address, and date of birth of the patient or legal representative. 2. Have a full -face, passport -type, color photograph of the patient or legal representative taken withinI lc3 the 90 days immediately preceding registration. I S Katherine Barbieri `g, Wage 8 of 9 Fla. Stat. § 381.986 3. Identify whether the cardholder is a patient or legal representative. 4. List a unique numeric identifier for the patient or legal representative that is n- itched to the identifier used for such person in the department's compassionate use registry. 5. Provide the expiration date, which shall be 1 year after the date of the physician's nitial order of low -THC cannabis or medical cannabis. 6. For the legal representative, provide the name and unique numeric identifier of the 1::rtient that the legal representative is assisting. 7. Be resistant to counterfeiting or tampering. (g) The department may impose reasonable fines not to exceed $10,000 on a dispensing a ,aanization for any of the following violations: 1. Violating this section, s. 499.0295, or department rule. 2. Failing to maintain qualifications for approval. 3. Endangering the health, safety, or security of a qualified patient. 4. Improperly disclosing personal and confidential information of the qualified patient. 5. Attempting to procure dispensing organization approval by bribery, fraudulent mise !presentation, or extortion. 6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to regardless of adjudication, a crime in any jurisdiction which directly relates to the business of a dispensing organization. 7. Making or filing a report or record that the dispensing organization knows to be false. 8. Willfully failing to maintain a record required by this section or department rule. 9. Willfully impeding or obstructing an employee or agent of the department in the furl erance of his or her official duties. 10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the busine s practices of a dispensing organization. 11. Making misleading, deceptive, or fraudulent representations in or related to the busi less practices of a dispensing organization. 12. Having a license or the authority to engage in any regulated profession, occupatio i, or business that is related to the business practices of a dispensing organization suspende revoked, or otherwise acted against by the licensing authority of any jurisdiction, including ii agencies or subdivisions, for a violation that would constitute a violation under Florida law. 13. Violating a lawful order of the department or an agency of the state, or failing to ;:omply with a lawfully issued subpoena of the department or an agency of the state. (h) The department may suspend, revoke, or refuse to renew a dispensing organization'! approval if a dispensing organization commits any of the violations in paragraph (g). (i) The department shall renew the approval of a dispensing organization biennially if i ie dispensing organization meets the requirements of this section and pays the biennial renewal fee. (j) The department may adopt rules necessary to implement this section. (8) Preemption. r (a) All matters regarding the regulation o the cultivation and processing of medical ca -nal, is or low -THC G cannabis by dispensing organizations are preempted to the state. Katherine Barbieri Page 9 of 9 Fla. Stat. § 381.986 (b) A municipality may determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of dispensing organizations located within its municipal boundaries. A_ county may determine by ordinance the criteria f numb location, and other uirements that do not conflict With—state laiv or deoartmentsule-.fall disp-ensing facilities of dispensing organizations located within unincorporate areas of that county. (9) Exceptions to other laws. (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a qualified patient and the qualified patient's legal representative may purchase and possess for the patient's medical use up to the amount of low -THC cannabis or medical cannabis ordered for the patient, but not more than a 45 -day supply, and a cannabis delivery device ordered for the patient. (b) Notwithstanding s. 893.1 3, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, an approved dispensing organization and its owners, managers, and employees may manufacture, possess, sell, deliver, distribute, dispense, and lawfully dispose of reasonable quantities, as established by department rule, of low -THC cannabis, medical cannabis, or a cannabis delivery device. For purposes of this subsection, the terms "manufacture," "possession," "deliver," "distribute," and "dispense" have the same meanings as provided in s. 893.02. (c) Notwithstanding s. 893.1 3, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, an approved independent testing laboratory may possess, test, transport, and lawfully dispose of low -THC cannabis or medical cannabis as provided by department rule. (d) An approved dispensing organization and its owners, managers, and employees are not subject to licensure or regulation under chapter 465 or chapter- 499 for manufacturing, possessing, selling, delivering, distributing, dispensing, or lawfully disposing of reasonable quantities, as established by department rule, of low -THC cannabis, medical cannabis, or a cannabis delivery device. (e) An approved dispensing organization that continues to meet the requirements for approval is presumed to be registered with the department and to meet the regulations adopted by the department or its successor agency for the purpose of dispensing medical cannabis or low -THC cannabis under Florida law. Additionally, the authority provided to a dispensing organization in s. 499.0295 does not impair the approval of a dispensing organization. (f) This subsection does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the medical use of low -THC cannabis or medical cannabis or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance. History S. 2, ch. 2014-157, eff. June 16, 2014; s. 1, ch. 2016-123, eff. Mar. 25, 2016; s. 24, ch. 2016-145, eff. July 1, 2016. LexisNexis® Florida Annotated Statutes Copyright © 2017 Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. End of Document Katherine Barbieri 64-4.001, F.A.C. This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64 DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.001 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings indicated: (1) Applicant - A nursery that meets the requirements of Section 381.986(5)(b)l., F.S., applies for approval as a dispensing organization, and identifies a nurseryman as defined in Section 581.011, F.S., who will serve as the operator. (2) Approval - Written notification from the department to an applicant that its application for dispensing organization approval has been found to be in compliance with the provisions of this chapter and that the department is awaiting notification that it is prepared to be inspected and authorized to begin cultivation, processing, and dispensing. (3) Cultivation Authorization - Written notification by the department to a Dispensing Organization that it may begin cultivating low -THC cannabis. (4) Processing Authorization - Written notification by the department to a Dispensing Organization that it may begin processing low -THC cannabis to Derivative Product. (5) Dispensing Authorization - Written notification by the department to a Dispensing Organization that it may begin dispensing Derivative Product. (6) Certified Financials - Financial statements that have been audited in accordance with Generally Accepted Auditing Standards (GARS) by a Certified Public Accountant, licensed rpursuant to Chapter 473, F.S. (7) Cultivation - Growth of low -THC plant source material. (8) Derivative Product - Forms of low -THC cannabis suitable for routes of administration. (9) Dispensing Region - A geographical area where the cultivation and production of low -THC cannabis under the control of a Dispensing Organization occurs. The five dispensing regions shall be identified as follows: (a) Northwest Florida Region consisting of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Santa Rosa, Okaloosa, Taylor, Wakulla, Walton, and Washington counties. (b) Northeast Florida Region consisting of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union counties. (c) Central Florida Region consisting of Brevard, Citrus, Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia counties. (d) Southwest Florida Region consisting of Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, Okeechobee, and Sarasota counties. (e) Southeast Florida Region consisting of Broward, Miami -Dade, Martin, Monroe, and Palm Beach counties. Katherine Barbieri Page 2 of 3 64-4.001, F.A.C. (10) )ispensing Organization - A nursery that meets the requirements of Section 381.986(5)(b)1., F.S., icluding its contractual agents, which has been authorized by the department to cultivate, process and -ispense low -THC cannabis. (11) )ispensing Organization Facility - Any of the following facilities: Q Cultivation Facility: Any area designated in the application to be used for cultivation of low -THC cannabis. it Processing Facility: Any area designated in the application to be used for processing of Derivative Product. Dispensing Facility: Any area designated in the application where Derivative Product is dispensed at retail. (12) financial Statements - A presentation of financial data, including accompanying notes, derived from ccounting records that purports to show actual or anticipated financial position and intended to ommunicate an entity's economic resources or obligations at a point in time, and the results of perations and cash flows for a period of time, in accordance with generally accepted accounting rinciples or a comprehensive basis of accounting other than generally accepted accounting principles. financial presentations included in tax returns are not financial statements. The method of preparation Or example, manual or computer preparation) is not relevant to the definition of a financial statement. (13) 11anager - Any person with the authority to exercise operational direction or management of the )ispensing Organization or the authority to supervise any employee of the Dispensing Organization. (14) 'ermanent resident - A person who has his or her true, fixed and permanent home, in Florida to which, 'henever absent, he or she has the intention of returning. Once a permanent residence is established 1 Florida it is presumed to continue until the resident shows that a change has occurred. Any person tho has established a residence in this state may manifest and evidence the same by filing a sworn latement pursuant to Section 222.17. F.S. (15) routes of administration - means the path by which a Derivative Product is ordered by a physician to e taken into the body of the qualified patient, but does not include smoking. (16)' 'isitation Protocol - A set of identified policies and procedures of an applicant or Dispensing )rganization that details requirements for visitor access to any proposed or existing Dispensing )rganization facility. Statutor l Authority Rulemaking .authority 381.986(5)(cl FS. Law Implemi :rated 381.986(5)(t! FS. History HISTORY New 6-17-1.! Katherine Barbieri 64-4.001, F.A.C. FLORIDA ADMINISTRATIVE CODE Copyright © 2017. State of Florida, Department of State. All Rights Reserved. End of Document Katherine Barbieri Page 3 of 3 W 64-4.002, F.A. C. This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64 DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.002 Initial Application Requirements for Dispensing Organizations. Each nursery that meets the requirements of Section 381.986(5)(b)l., F.S., desiring to be approved as a Dispensing Organization shall make application, either electronically or in hard copy, to the department using Form DH8006-OCU-2/2015, "Application for Low -THC Cannabis Dispensing Organization Approval' herein incorporated by reference and available at http://www. flrules.org/Gateway1reference.asp?No=Ref- 05457. The completed application form must include the following: (1) An initial application fee of $ 60,063.00. (2) An explanation or written documentation, as applicable, showing how the Applicant meets the statutory criteria listed in Section 381.986(5)(b), F.S. In any explanation, the Applicant must address each item listed for each criterion below. The Applicant must disclose the name, position, and resume of the employee(s) who provides the knowledge or experience explained for each item. (a) The technical and technological ability to cultivate, process, and dispense low -THC cannabis. Please address the following items: 1. Experience cultivating cannabis; 2. Experience cultivating in Florida plants not native to Florida; 3. Experience introducing new varieties of plants; 4. Regional cultivation knowledge and experience; 5. Experience cultivating plants for human consumption such as food or medicine products; 6. Experience with in-house propagation; 7. Experience with genetic modification or breeding; 8. Experience using clean growing rooms; 9. Knowledge of cannabis cultivation, including: a. Proper cultivation conditions and techniques; b. Additives that can be used when growing cannabis; c. Pests, disease and deficiencies common for cannabis; d. Production of high quality product in a short time; 10. Experience with tracking each plant in a harvest; 11. Experience with good agricultural practices; 12. Experience with good handling practices; 13. Experience with good manufacturing practices; 14. Experience with analytical organic chemistry and micro -biology; 15. Experience with analytical laboratory methods; Katherine Barbieri Wage 2 of 8 64-4.002, F.A.C. 16. Experience with analytical laboratory quality control, including maintaining a chair of custody; 17. Knowledge of, and experience with, cannabis extraction techniques; 18. Knowledge of cannabis routes of administration; 19. Knowledge of, and experience with, producing cannabis products; 20. Experience interacting with patients; 21. Experience with handling confidential information; 22. A marketing plan; 23. Experience gathering and managing data, i.e. data on patient reactions to produ2 s dispensed; 24. Experience with recalls; 25. Training programs for employees addressing: a. The Health Insurance Portability and Accountability Act (HIPAA); b. Patient education; c. Compliance; d. Patient counseling; and, e. Data collection. 26. Any awards, recognition or certifications received for relevant expertise. (b) Written documentation demonstrating that the applicant possesses a valid certificate; ;if registration issued by the Department of Agriculture and Consumer Services pursuant to Se ;tion 581.131, F.S., that is issued for the cultivation of more than 400,000 plants, is operated by a r urseryman as defined in Section 581.011, F.S., and has been operated as a registered nursery in i its state for at least 30 continuous years. (c) The ability to secure the premises, resources, and personnel necessary to , operate as a Dispensing Organization. Please address the following items, and include a sl: Ach or other illustration: 1. Location of all properties Applicant proposes to utilize to cultivate, process, and Dispense low - THC cannabis and Derivative Product, including ownership information for the properties and any lease terms if applicable; a. For any property that is leased by the Applicant, include documentation th I: the property owner consents to the use of the property for the purposes of cultivation, processing, or dispensing of low -THC cannabis and Derivative Products and document: ation that the mortgagor or lienholder has been given notice of the use of the property fo; the purposes of cultivation, processing, or dispensing of low -THC cannabis and Derivative :'roducts. b. For any property owned by the Applicant but subject to a mortgage o lien, include documentation that the mortgagor or lienholder has been notified of the use f the property for the purposes of cultivation, processing, or dispensing of low -THC :.annabis and Derivative Products. 2. Compliance with local regulations regarding sanitation and waste disposal; 3. The ability to obtain zoning approval; 4. Sketch or other illustration approximating the property boundaries, Ian( topography, vegetation, proposed and/or existing structures, easements, wells, and road, rays for each property proposed; Katherine Barbieri Ii Page 3 of 8 64-4.002, F.A.C. 5. Description of the areas proposed for the cultivation of low -THC cannabis, including the following: a. Capacity, in square feet of growing area; b. Cultivation environment, e.g., greenhouse, clean room, aseptic, etcetera; c. Irrigation system(s); and, d. Environmental control system(s); 6. A description of the ability or plan to expand any of the areas proposed for low -THC cannabis; 7. Back-up systems for all cultivation and processing systems; 8. A description of one or more strains of low -THC cannabis the applicant intends to cultivate; 9. Access to water resources that allow for sufficient irrigation; 10. Description of the areas proposed for the processing of Derivative Products, including the following: a. Extraction equipment and location; b. Concentration equipment and location; c. Access to sufficient potable water and hot water; d. Analytical equipment, including separators and detectors, and location; e. Safety equipment and facilities and location; f. Computer systems and software; and, g. Ventilation and exhaust system. 11. Description of the methods proposed for the dispensing of Derivative Products, including the following: a. Accessibility of dispensing facilities, e.g., centrally located to several populated areas, located on a main roadway, not in a high crime area, et cetera; b. Proximity of dispensing facilities to patient populations; and, c. Alternative dispensing, e.g. delivery. 12. A list of current and proposed staffing, including; a. Position, duties and responsibilities; b. Resume; and, c. Professional licensure disciplinary action in all jurisdictions. 13. An organizational chart illustrating the supervisory structure of the proposed Dispensing Organization; 14. Plans and procedures for loss of key personnel; 15. Plans and procedures for complying with OSHA regulations for workplace safety; and, 16. Relationship(s) with an independent laboratory(ies) with cannabis testing protocols and methods. (d) The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or unlawful access to or possession of these substances. Please address the following items for each property or location: 1. Floor plan of each facility or proposed floor plans for proposed facilities, including the following: Katherine Barbieri Page 4 of 8 Z 64-4.002; F.A.C. a. Locking options for each means of ingress and egress; b. Alarm systems; c. Video surveillance; d. Name and function of each room; e. Layout and dimensions of each room; 2. Storage, including the following; a. Safes; b. Vaults; c. Climate control; 3. Diversion and trafficking prevention procedures; 4. A facility emergency management plan; 5. System for tracking low -THC source plant material throughout cultivation, pi )cessing, and dispensing; 6. Inventory control system for low -THC cannabis and Derivative Products; 7. Policies and procedures for recordkeeping; 8. Vehicle tracking systems; 9. Vehicle security systems; 10. Methods of screening and monitoring employees; 11. Personnel qualifications and experience with chain of custody or other tracking n chanisms; 12. Personnel reserved solely for inventory control purposes; 13. Personnel reserved solely for security purposes; 14. Waste disposal plan; 15. Plans for the recall of any Derivative Products that have a reasonable probaU iity of causing adverse health consequences based on a testing result, bad patient reaction, or other reason; and, 16. Access to specialized resources or expertise regarding data collection, security, nd tracking. (e) An infrastructure reasonably located to dispense low -THC cannabis to regis :red patients statewide or regionally as determined by the department. Please address the followir is items: 1. A map showing the location of the applicant's proposed dispensing facilities; 2. A sketch or other illustration of the actual or proposed dispensing location sli :)wing streets; property lines; buildings; parking areas; outdoor areas, if applicable; fences; se:. urity features; fire hydrants, if applicable; and access to water and sanitation systems; and, 3. A floor plan of the actual or proposed building or buildings where dispensin(, activities will occur showing: a. Areas designed to protect patient privacy; b. Areas designed for retail sales; 4. A HIPAA compliant computer network utilized by all facilities; 5. Vehicles that will be used to transport product among cultivating, processing, nd dispensing facilities; Katherine Barbieri Page 5 of 8 64-4.002, F.A.C. 6. Communication systems; 7. Hours of operation of each dispensing facility; and, 8. Methods of mitigating odors if applicable. (f) The financial ability to maintain operations for the duration of the 2 -year approval cycle, including the provision of Certified Financials to the department. Please provide the following items: 1. Certified Financials issued within the immediately preceding 12 months; 2. Applicant's corporate structure; 3. All owners of the Applicant; 4. All individuals and entities that can exercise control of the Applicant; 5. All individuals and entities that share in the profits and losses of the Applicant; 6. All subsidiaries of the Applicant; 7. Any other individuals or entities for which the Applicant is financially responsible; 8. Assets of the Applicant and Applicant's subsidiaries; 9. . Liabilities of the Applicant and Applicant's subsidiaries; 10. Any pending lawsuits to which the Applicant is a party; 11. Any lawsuits within the past 7 years to which the Applicant was a party; 12. All financial obligations of Applicant that are not listed as a "liability" in the Certified Financials; 13. A projected two year budget; and, 14. Specific reference to sufficient assets available to support the Dispensing Organization activities. (g) That all owners and managers have been fingerprinted and have successfully passed a level 2 background screening pursuant to Section 435.04, . F.S., within the calendar. year prior to application. Each owner and manager should present to FDLE or one of its approved vendors for fingerprinting. At that time, give the entity ORI number FL924890Z (DOH - OFFICE OF COMPASSIONATE USE). The report will be sent directly to the Office of Compassionate Use. Please submit a list of all owners and managers indicating the date of each individual's most recent Level -2 background screening. . (h) The employment of a medical director who is a physician licensed pursuant to Chapters 458 or 459, F.S., to supervise the activities of the proposed Dispensing Organization. Please address the following items for the physician chosen as medical director: 1. Specialty area, if any; 2. Experience with epileptic patients; 3. Experience with cancer patients; 4. Experience with patients with severe seizures or muscle spasms; 5. Knowledge of the use of low -THC cannabis for treatment of cancer or physical medical conditions that chronically produce symptoms of seizures or severe and persistent muscle spasms; 6. Knowledge of good manufacturing practices; 7. Knowledge of analytical and organic chemistry; 8. Knowledge of analytical laboratory methods; Katherine Barbieri Wage 6 of 8 64-4.002, F.A.C. 9. Knowledge of analytical laboratory quality control, including maintaining a chain c: custody; 10. Knowledge of, and experience with, CBD/low-THC extraction techniques; 11. Knowledge of CBD/low-THC routes of administration; 12. Experience in or knowledge of clinical trials or observational studies; 13. Knowledge of, and experience with, producing CBD/low-THC products; 14. Experience with or knowledge of botanical medicines; 15. Experience with dispensing medications; 16. Description of how the medical director will supervise the activities of tl- : Dispensing Organization; and, 17. Description of how the Dispensing Organization will ensure it has a medical Director at all times. (i) The ability to post a$ 5 million performance bond for the biennial approval cycle. (3) If the Applicant intends to claim any exemption from public records disclosure under S !ction 119.07, FS., or any other exemption from public records disclosure provided by law for uy part of its application, it shall indicate on the application the specific sections for which it claims in exemption and the statutory basis for the exemption. The Applicant shall submit a redacted copy of 'ie application redacting those items identified as exempt. (4) Failure to submit the $ 60,063.00 application fee or documentation sufficient to establisl the Applicant meets the requirements of Section 381.986(5)(b), F.S., shall result in the application beii ;] denied prior to any scoring as contemplated in subsection (5) of this rule. (5) Any "Application for Low -THC Cannabis Dispensing Organization Approval" and all rec ijired exhibits and supporting documents shall be delivered to the Agency Clerk of the Departn• ::nt of Health physically located at 2585 Merchants Row Boulevard in Tallahassee, Florida, no earl r than 10:00 a.m. (Eastern Time), on the effective date of this rule and no later than 5:00 p.m. (Eas )rn Time), 21 calendar days after the effective date of this rule. (a) The department will substantively review, evaluate, and score applications using I sxm DH8007- OCU-2/2015, "Scorecard for Low -THC Cannabis Dispensing Organization Sel. ,ction" herein incorporated by reference and available at http://www.flrules.orp/Gateway/referencasp?No=Ref- 05461. The department's substantive review will be completed by: 1. Director of the Office of Compassionate Use; 2. A member of the Drug Policy Advisory Council appointed by the State Surgeon f, eneral; and, 3. A Certified Public Accountant appointed by the State Surgeon General. (b) Each reviewer will independently review each application and score using Form 1,H8007 -OCU - 2/2015, "Scorecard for Low -THC Cannabis Dispensing Organization Selection." S,c :)recards from each reviewer will be combined to generate an aggregate score for each application. 'rhe Applicant with the highest aggregate score in each dispensing region shall be selected the region's Dispensing Organization. (c) In the event of a tie in a region, each reviewer will re -review the tied application! and select a winning application. The department will approve the application selected by the Majority of the reviewers. (d) In the event one nursery receives thehigh score in multiple regions, one of whici is the region represented by the address on the nursery's certificate of registration, the Applicant will be approved for that region, and the second highest scored Applicant will be approve I for the other region(s). In the event one nursery receives the high score in multiple regions, none of which is the Katherine Barbieri Page 7 of 8 64-4.002, F.A.C. region represented by the address on the nursery's certificate of registration, the Applicant will be approved for the region for which it had the highest aggregate infrastructure score, and the second highest scored Applicant will be approved for the other region(s). (e) Upon notification that it has been approved as a region's Dispensing Organization, the Applicant shall have 10 business days to post a $ 5 million performance bond. The bond shall: 1. Be payable to the department in the event the Dispensing Organization's approval is revoked; 2. Be written by a surety company licensed by the Florida Office of Insurance Regulation. 3. Be written so that the nursery name on the bond corresponds exactly with the Applicant name. 4. If a bond is canceled and the Dispensing Organization fails to file a new bond with the department in the required amount on or before the effective date of cancellation, the Dispensing Organization's approval shall be revoked. (f) If the selected Applicant fails to post the bond within the required timeframe, the Applicant with the next highest score in the dispensing region shall be selected and notified. (g) The surety company can use any form it prefers for the performance bond as long as it complies with this rule. For convenience, the surety company can also use Form DH8008-OCU-2/2015, "Florida Low -THC Cannabis Performance Bond" herein incorporated by reference and available at http://www. flrules. org/Gatewa y/reference. asp ?No=Ref-054 60. Statutory Authority Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. History HISTORY New 6-17-15 Annotations Case Notes ANNOTATIONS Owner or manager Consultant hired by a nursery that applied to become a low -THC cannabis dispensing organization under the Compassionate Use Act of 2014, Section 381.g86(5)(b), F.S., was not an "owner" or a "manager" of the organization within the meaning of paragraph 64-4.002(2)(q), F.A.C., and thus there was no requirement that the consultant pass a Level 2 background screening investigation. Banks v. Department of Health, Office of Compassionate Use, 38 FALR 1154. Katherine Barbieri 64-4.002, F.A.C. Score Page 8 of 8 Application by a company for designation as the single dispensing organization of low -THC cannabis in the central Florida region was insufficient on its face and that insufficiency could not be cured because the provi:::)n invoked by the applicant as a basis on which relief was properly granted required that the applicant show both i Iat it received the highest aggregate score within the meaning of paragraph 64-4.002(5)(b), F.A.C., in the initial r( view and that approval by the Department had been withheld on a claim that the company did not meet statutory requirements. Since the company did not meet either of those criteria, the application was properly dismissed as in:.efficient on its face. McCrory's Sunny Hill Nursery, LLC v. Department of Health, 2016 Fla. Div. Adm. Hear. LEXI: 325, June 3, 2016, Recommended Order. FLORIDA ADMINISTRATIVE CODE Copyright © 2017. State of Florida, Department of State. All Rights Reserved. End of Document Katherine Barbieri This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64.DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.004 Revocation of. Dispensing Organization Approval. (1) The department shall revoke its approval of the Dispensing Organization if the Dispensing Organization does any of the following: (a) Cultivates low -THC cannabis before obtaining department authorization; (b) Knowingly dispenses Derivative Product to an individual other than a qualified patient or a qualified patient's legal representative without noticing the department and taking appropriate corrective action; (2) The department may revoke its approval of the Dispensing Organization if any of the following failures impact the accessibility, availability, or safety of the Derivative Product and are not corrected within 30 calendar days after notification to the Dispensing Organization of the failure; (a) Failure to comply with the requirements in Section 381.986, F. S., or this rule chapter; (b) Failure to implement the policies and procedures or comply with the statements _provided to the department with the original or renewal application; (3) The department may revoke its approval of the Dispensing Organization for failure to meet the following deadlines if failure is not corrected within 10 calendar days: (a) Failure to seek Cultivation Authorization within 75 calendar days of application approval; or (b) Failure to begin dispensing within 210 calendar days of the being granted the Cultivation Authorization requested in subsection 64-4.005(2), F.A.C. Statutory Authority Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. History HISTORY New 6-17-15. FLORIDA ADMINISTRATIVE CODE Copyright© 2017. State of Florida, Department of State. All Rights Reserved. Katherine Barbieri End of Document 64-4.004, F.A.C. Katherine Barbieri Page 2 of 2 64-4.005, F.A.C. This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64 DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.005 Inspection and Authorization Procedures. (1) Submission of an application for Dispensing Organization approval or renewal constitutes permission for entry by the department at any reasonable time during the approval or renewal process, into any Dispensing Organization facility to inspect any portion of the facility; review the records required pursuant to Section 381.986, F.S., or this chapter; and identify samples of any low -THC cannabis or Derivative Product for laboratory analysis, the results of which shall be forwarded to the department. All inspectors shall follow the Dispensing Organization's Visitation Protocol when conducting any inspection. (2) A Dispensing Organization must request Cultivation Authorization within 75 days of being notified that it has been approved as a region's Dispensing Organization. No less than 30 calendar days prior to the initial cultivation of low -THC cannabis, the Dispensing Organization shall notify the department that the Dispensing Organization is ready to begin cultivation, the Dispensing Organization is in compliance with Section 381.986, F.S., and this rule chapter and is seeking Cultivation Authorization. No low -THC cannabis plant source material may be present in any Dispensing Organization facility prior to Cultivation Authorization. (3) No less than 10 calendar days prior to the initial processing of low -THC cannabis, the Dispensing Organization shall notify the department that the Dispensing Organization is ready to begin processing, the Dispensing Organization is in compliance with Section 381.986, F.S., and this chapter, and is seeking Processing Authorization. (4) A Dispensing Organization must begin dispensing Derivative Product within 210 days of being granted Cultivation Authorization. No less than 10 calendar days prior to the initial dispensing of Derivative Product, the Dispensing Organization shall notify the department that the Dispensing Organization is ready to begin dispensing, the Dispensing Organization is in compliance with Section 381.986, F.S., and this chapter, and is seeking Dispensing Authorization. (5) If the department identifies a violation of Section 381.986, F.S., or this chapter during an inspection of a Dispensing Organization facility, the Dispensing Organization shall notify the department in writing, within 20 calendar days after the date of receipt of the written notice of violation, identifying the corrective action taken and the date of the correction. Statutory Authority Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. Katherine Barbieri 64-4.005, F.A.C. History HISTORY New 6-17-15. FLORIDA ADMINISTRATIVE CODE Copyright© 2017. State of Florida, Department of State. All Rights Reserved. End of Document Katherine Barbieri Wage 2 of 2 End of Document 64-4.009, F.A.C. Katherine Barbieri Page 2 of 2 This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64 DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.009 Compassionate Use Registry. (1) Ordering physicians licensed under Chapters 458 or 459, F.S., meeting the educational requirements of Section 381.986(4), F.S., may access the Compassionate Use Registry using their existing MQA Services credentials. (2) Other persons may request access to the Compassionate Use Registry by completing form DH8009-OCU- 2/2015, "Request for Access to the Compassionate Use Registry," herein incorporated by reference and available at http://www.flrules.orgIGateway/reference.asp?No=Ref-05459. Those requesting access must meet one of the following criteria: (a) Authorized employee of a Dispensing Organization; (b) Law enforcement official; or (c) Authorized employee of the department. (3) Persons seeking to access to the registry shall have successfully completed a department -approved course in their responsibilities related to patient confidentiality and shall make documentation of completion available to the department upon request. (4) Before dispensing any Derivative Product to a qualified registered patient or the patient's legal representative, the Dispensing Organization must verify that the patient has an active registration, the order presented matches the order contents as recorded by the physician in the registry, and the order has not already been dispensed. (5) The Dispensing Organization shall enter a dispensing action into the registry immediately upon dispensing the Derivative Product to the qualified registered patient or the patient's legal representative. Statutory Authority Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(a); 837.06 FS. History HISTORY New 6-17-15. FLORIDA ADMINISTRATIVE CODE Copyright © 2017. State of Florida, Department of State. All Rights Reserved. Katherine Barbieri 64-4.019, F.A.C. This document reflects changes through April 12, 2017 Florida Administrative Code Annotated > TITLE 64 DEPARTMENT OF HEALTH > DIVISION 64 DEPARTMENTAL > CHAPTER 64-4 COMPASSIONATE USE 64-4.011 Compassionate Use Registry Identification Cards. (1) All patients and legal representatives are required to have a valid Compassionate Use Registry identification card to obtain low -THC cannabis, medical cannabis, or a cannabis delivery device. (2) To apply for a patient Compassionate Use Registry identification card, a person must: (a) Be a Florida resident, as evidenced by a copy of a valid Florida driver's license -or identification card; a utility bill in the person's name including a Florida address; or a Florida voter registration card. The name and address on the document provided for proof of residency must match the name and address provided in the application. To establish Florida residency for minor patients, proof of residency of the parent or designated legal representative must be provided; (b) Be a qualified patient who has been added to the Compassionate Use Registry, by an authorized physician licensed under Chapter 458 or 459, F.S., to receive low -THC cannabis, medical cannabis, or a cannabis delivery device from a dispensing organization; and, (c) Submit DH8009-OCU-10/2016, "Compassionate Use Registry Identification Card Qualified Patient Application," which is incorporated by reference and available at http.-Ilwww.tlrules.org/Gatewavlreference.asp?No=Ref-07855. (3) To apply for a legal representative Compassionate Use Registry identification card, a person must submit DH8010-OCU-10/2016, "Compassionate Use Registry Identification Card Legal Representative Application," which is incorporated by reference and available at http://www. flrules. org/Gateway/reference. asp?No=Ref-07856. (4) In order for a minor patient to receive a patient Compassionate Use Registry identification card, the minor patient must reside in Florida and have a legal representative designated in his or her application and in the online Compassionate Use Registry. (5) Each person who applies for a Compassionate Use Registry identification card, shall pay a $ 75 application fee in the form of a check or money order payable to the Department of Health. The card shall expire one year after the date of the physician's initial order. (6) A person who applies for a Compassionate Use Registry identification card shall have 60 days from the date the department provides notice that the application is incomplete to make corrections, provide additional information or resubmit the application. (7) If there is no initial order by the patient's authorized physician at the time of the approval of the patient or legal representative's Compassionate Use Registry identification card, the Department will provide a temporary verification email which may be printed and used, with a photo ID, to obtain low -THC cannabis, medical cannabis, or a cannabis delivery device until the patient or legal representative receives the Compassionate Use Registry identification card. (8) To maintain an active Compassionate Use Registry identification card, a patient and/or legal representative must annually submit DH8009-OCU-10/2016 and/or DH8010-OCU -10/2016, along with the application fee and any required accompanying documents to the department 45 days prior to the card expiration date. Katherine Barbieri Page 2of2 64-4.011, F.A.C. (9) When there has been a change in the patient's name, address, or designated legal repre: ;entative, that patient must notify the department within 10 days by submitting a completed Change, R; placement or Surrender Request, DH8012-OCU-10/2016, which is incorporated by reference and available at http.//www.flrules.orp/Gateway/reference.asp?No=Ref-07858, along with a $ 15 replacern nt fee in the form of a check or money order payable to the Department of Health. A patient who has nc; designated a legal representative at the time of application to the department may do so in writing at any i 'ne during the effective period of the patient's registry identification card. (10) A patient who no longer has a qualifying medical condition shall return his or her registry ide: tification card to the department within 10 days of receiving such information by his or her physician along with a completed Change, Replacement or Surrender Request, DH8012-OCU-10/2016. (11) Requests to replace a lost or stolen card will require the cardholder to submit a Change, R ;placement or Surrender Request, DH8012-OCU-10/2016, along with a copy of his or her Florida driv ir's license or identification card and a $ 15 replacement fee. (12) The department may revoke a Compassionate Use Registry identification card for any of the allowing: (a) The patient or legal representative makes material misrepresentations in his or her applk :rtion; (b) The patient uses his or her card to obtain cannabis for another individual; (c) The legal representative uses his or her card to obtain cannabis for an individual who has not designated them as their legal representative or who is not a qualified patient; (d) The patient or legal representative purchases, obtains, possesses, or uses cannabis , of sold by an approved dispensing organization, or (e) The patient is no longer a qualified patient. Statutory Authority Rulemaking Authority 381.986(7)(f), Q) FS. Law Implemented 381.986, 499.0295 FS. History HISTORY New 2-19-17. FLORIDA ADMINISTRATIVE CODE Copyright © 2017. State of Florida, Department of State. All Rights Reserved. End of.Document Katherine Barbieri