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Senate Budget Prioritizes Investments in Education, $3.4 Billion in Total Reserves

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$154 million for Florida Forever Programs, Law Enforcement Pay Raise,
Historic Investments in Need and Merit-Based Student Financial Aid

The Florida Senate Committee on Appropriations, chaired by Senator Rob Bradley (R-Fleming Island), today filed SPB 2500, a proposed budget for the 2018-19 fiscal year. The balanced budget prioritizes Florida’s K–12 and higher education systems, while setting aside $3.4 billion in total reserves. The budget also makes critical investments in Florida’s environment, continues historic investments in need-based and merit-based student financial aid, and provides a pay raise for Florida’s state law enforcement officers.
“The budget proposal we released today reflects the Senate’s strong commitment to education,” said Senate President Joe Negron (R-Stuart). “From unprecedented per-student funding for our K-12 schools, to continuing historic investments in need-based student financial aid and setting aside funds for the permanent expansion of the Bright Futures scholarship, the Senate budget recognizes the link between education and our economy and the significant return for taxpayers when we invest in Florida’s future.”
“The Senate budget ensures continued fidelity to the Constitution by fully and faithfully implementing the voter-approved Water and Land Conservation Amendment, including $154 million for Florida Forever Programs,” said Senator Bradley. “We also account for funding to combat the opioid crisis plaguing communities across our state and invest in pay raises for our state law enforcement officers. Additionally, the Senate budget reflects our commitment to sound fiscal planning by setting aside $3.4 billion in total reserves.”

PIFF: “Florida Senate AOB proposal a giant step backward"

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The Personal Insurance Federation of Florida (PIFF) today issued the following statement on Senate Bill 1168, relating to insurance, filed by Senator Greg Steube (R-Sarasota). The bill is scheduled to be heard in the Senate Banking and Insurance committee this afternoon.
Michael Carlson, president of the Personal Insurance Federation of Florida (PIFF):
“After five years of producing strong evidence of a litigation-for-profit scheme driving up insurance rates, particularly in South Florida, the Florida Senate has offered up a giant step backward.
“This piece of legislation reflects the Senate’s indifference to the problem, or its gross misunderstanding of the core issues affecting homeowners.
“While the bill includes some very limited consumer protections, the overall effect of this legislation will be increased rates, as insurers avoid the risk of litigation. This will send a strong signal to the insurance marketplace that Florida is closed for business. Nothing could be worse for the average consumer.
“If the Senate bill advances, I hope senators will take a fresh look at the evidence and move toward the House position. If the Senate fails yet again to address this issue, consumers will pay the price.”
Background:

  • SB 1168 fails to include a common-sense reform to Florida’s one-way attorney fee law, which is used as a tool by the cottage industry of bad actors to extort higher claims payments from insurers.
  • SB 1168 would prohibit insurers from passing the cost of litigation in the insurance rate, a common, decades-old business practice.
  • SB 1168 also limits an insurer’s ability to deny coverage because of fraud by the insurance applicant, and further limits the insurer’s ability to properly adjust an assignment of benefits (AOB) claim.
  • PIFF supports HB 7015 — which includes strong consumer protections and a reasonable, effective attorney fee reform provision — and SB 62, its companion measure.

PIFF is a member of the Consumer Protection Coalition, which is a grassroots organization whose goal is to educate policymakers on the problem of AOB abuse and to find sensible, pro-consumer solutions that will reduce costs. Learn more about the AOB problem and the Coalition at fightfraud.today.

PIFF: “Florida Senate AOB proposal a giant step backward”

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The Personal Insurance Federation of Florida (PIFF) today issued the following statement on Senate Bill 1168, relating to insurance, filed by Senator Greg Steube (R-Sarasota). The bill is scheduled to be heard in the Senate Banking and Insurance committee this afternoon.

Michael Carlson, president of the Personal Insurance Federation of Florida (PIFF):

“After five years of producing strong evidence of a litigation-for-profit scheme driving up insurance rates, particularly in South Florida, the Florida Senate has offered up a giant step backward.

“This piece of legislation reflects the Senate’s indifference to the problem, or its gross misunderstanding of the core issues affecting homeowners.

“While the bill includes some very limited consumer protections, the overall effect of this legislation will be increased rates, as insurers avoid the risk of litigation. This will send a strong signal to the insurance marketplace that Florida is closed for business. Nothing could be worse for the average consumer.

“If the Senate bill advances, I hope senators will take a fresh look at the evidence and move toward the House position. If the Senate fails yet again to address this issue, consumers will pay the price.”

Background:

  • SB 1168 fails to include a common-sense reform to Florida’s one-way attorney fee law, which is used as a tool by the cottage industry of bad actors to extort higher claims payments from insurers.
  • SB 1168 would prohibit insurers from passing the cost of litigation in the insurance rate, a common, decades-old business practice.
  • SB 1168 also limits an insurer’s ability to deny coverage because of fraud by the insurance applicant, and further limits the insurer’s ability to properly adjust an assignment of benefits (AOB) claim.
  • PIFF supports HB 7015 — which includes strong consumer protections and a reasonable, effective attorney fee reform provision — and SB 62, its companion measure.

PIFF is a member of the Consumer Protection Coalition, which is a grassroots organization whose goal is to educate policymakers on the problem of AOB abuse and to find sensible, pro-consumer solutions that will reduce costs. Learn more about the AOB problem and the Coalition at fightfraud.today.

Senate Unanimously Passes Permanent Expansion of Bright Futures Scholarship

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SB 4 Secures Permanent Expansion of Bright
Futures Academic and Medallion Scholarships

The Florida Senate today unanimously passed Senate Bill 4, the Florida Excellence in Higher Education Act of 2018, sponsored by Senate President-Designate Bill Galvano (R-Bradenton). Senate Bill 4 expands the state university and student financial aid portions of the higher education agenda advanced last session in the Senate, a top priority of Senate President Joe Negron (R-Stuart). The bill includes approximately $124 million to fund the scholarship programs addressed in the bill for the 2018-2019 fiscal year.
“This legislation will provide the policy and budget resources our universities need to increase their ability to compete as national destination institutions, while preserving access and increasing affordability for Floridians,” said President-Designate Galvano. “From the permanent expansion of Bright Futures Academic and Medallion Scholarships, to codifying key investments in faculty recruitment and improving the quality of our excellent graduate and professional schools, this bill boosts the strength and competitiveness of our state universities as our primary economic engine to drive vibrant, sustainable economic development and growth in high-paying jobs for not only this generation, but also future generations of Florida students.”
“I am pleased to see Senate Bill 4 earn the unanimous support of the Senate during the first week of Session, and I look forward to sending this critical bill to the House for their consideration,” said President Negron. “The historic increase in need-based student financial aid we passed last year is already built into our budget. However, without Senate Bill 4, the increase in Bright Futures funding for our Academic Scholars could end after this school year. Additionally, without Senate Bill 4, our Medallion Scholars may not have a chance to see their scholarship increased to cover 75 percent of tuition and fees. We have to make these changes permanent. Senate Bill 4 ensures Bright Futures scholarship funding is available for the students who earned it, so they can better plan their investment in an education at one of our excellent colleges or universities.”
Summary of Senate Bill 4 – The Florida Excellence in Higher Education Act of 2018
PRESERVE ACCESS AND AFFORDABILITY FOR STUDENTS AND FAMILIES
Senate Bill 4 expands merit-based and need-based financial aid funding and establishes flexible tuition policies available to families so every student in Florida who qualifies and earns the privilege to attend one of our state universities has the opportunity to pursue a higher education.
Expands Student Financial Assistance and Support

  • Expands need-based state aid, and university or college gift aid, for students with demonstrated financial need.
    • Expands the First Generation Matching Grant Program to include community college students and doubles the state match for private donations supporting the program (2:1 match).
    • Creates a new Florida Farmworker Student Scholarship for children of migrant families to earn technical and college credentials.
  • Expands merit-based state gift aid for high-performing students.
    • Reinstates full funding of the Bright Futures Florida Academic Scholar award at 100 percent of tuition and fees, plus $300 in fall and spring semesters to cover instructional materials and other costs, beginning in this 2017-2018 academic year and guarantees funding for 2018 summer term tuition and fees for Bright Futures Florida Academic Scholar awards.
    • New provisions of the legislation this year reinstate funding for the Bright Futures Florida Medallion Scholar award at 75 percent of tuition and fees for fall and spring semesters, beginning in fall semester of the 2018-2019 academic year and guarantee funding for 2019 summer term tuition and fees for Bright Futures Florida Medallion Scholar awards.
    • Expands Benacquisto Scholarship awards (full cost of attendance) to recruit out-of-state National Merit Scholar award winners.

Establishes Flexible Tuition and Fee Policies

  • Requires universities to implement an institutional block tuition and fee policy for full-time, in-state, undergraduate resident students.
    • Fall 2018 semester implementation for at least the entering freshman class – may be extended to include other students.
    • Must accommodate full-time student enrollment in at least 30 credits across any combination of fall, spring, or summer terms of the academic year.
    • Must maximize accelerated and transfer credit to facilitate on-time graduation and minimize excess hours.
    • Must be publicly approved by university boards of trustees and the Board of Governors, with updates and progress reports provided to the Legislature.

Increases Student Access to Internship and Job Opportunities

  • Requires each state university to use labor market projections and related degree production analyses to identify internship opportunities for students to benefit from industry experts and mentors, earn industry certifications, and become employed in high-demand fields.

RECRUIT AND RETAIN TOP FACULTY
Senate Bill 4 expands and enhances policy and funding tools state universities can leverage to recruit and retain the very best faculty, enrich professional and graduate school strength and viability, and bring aging infrastructure and research laboratories into the 21st century.
Establishes World Class Faculty Scholar Program

  • Creates the World Class Faculty Scholar Program to help universities recruit, recognize, and retain exemplary faculty, research scholars, and expert teams.

Establishes University Professional and Graduate Degree Excellence Program

  • Creates the University Professional and Graduate Degree Excellence Program to promote quality and excellence in university professional schools, and improve graduate study outcomes in high-impact fields of medicine, law, and business.

ELEVATE UNIVERSITY DISTINCTION AND NATIONAL PROMINENCE
Senate Bill 4 ensures universities remain accountable to Florida taxpayers by refining university performance expectations to incentivize and reward state university performance excellence and recognition in academics, instruction, research, and community accomplishments and achievements.
Incentivizes On-Time Graduation of Full-Time Students

  • Refines university performance expectations to incentivize and reward institutions for graduating full-time bachelor degree students in four years.
    • Preeminent State Research University: Upgrades the graduation metric to a 4-year graduation rate of 60 percent or higher. The current metric is a 6-year rate at 70 percent or higher. The bill provides one transitional year for any university having earned preeminent or emerging preeminent status based on the 2018 determination under current metrics to maintain that status for the 2018-19 academic year and receive 2018-19 preeminence funds accordingly.
    • University Performance Incentive Funding: Updates metrics to specify a 4-year graduation rate and require benchmarks for the “access” metric that reward institutions for performance success in serving Pell grant students.
  • Tightens state university relationships with their direct-support organizations’ leadership, use of funds, and public disclosure activities.

Promotes State University Programs of Excellence

  • Directs the Board of Governors to establish standards and measures to recognize, enhance, and promote individual degree programs in state universities across the system, which reflect national excellence, prominence, and distinction.

Permanent Expansion of Bright Futures Scholarship Heads to Senate Floor

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SB 4 Secures Permanent Expansion of Bright
Futures Academic and Medallion Scholarships

Senate Bill 4, the Florida Excellence in Higher Education Act of 2018, sponsored by Senator Bill Galvano (R-Bradenton), today passed the Senate Committee on Appropriations. Having passed three committees of reference, the legislation will be available for consideration on the Senate Floor when the 2018 Legislative Session convenes in early January.  Senate Bill 4 expands the state university and student financial aid portions of the higher education agenda advanced last session in the Senate, a top priority of Senate President Joe Negron (R-Stuart). The legislation was amended today to appropriate approximately $131 million to fund the scholarship programs addressed in the bill for the 2018-2019 fiscal year.
“Today we amended Senate Bill 4 to include summer Bright Futures funding for our Medallion Scholars, beginning in 2019,” said Senator Galvano. “As we have worked on this legislation over the last two years and listened to students from across the state, it is clear that the availability of summer funding for Bright Futures plays a key role in the ability of our students to graduate on-time.”
“I am pleased to see this legislation advance to the Senate Floor and look forward to seeing it pass early in the 2018 Legislative Session,” said President Negron. “Students and families deserve certainty when planning for their financial investment in a college or university education. This legislation ensures the permanent expansion of Bright Futures so students can count on the full value of the scholarships they worked hard to earn.”
Summary of Senate Bill 4 – The Florida Excellence in Higher Education Act of 2018
PRESERVE ACCESS AND AFFORDABILITY FOR STUDENTS AND FAMILIES
Senate Bill 4 expands merit-based and need-based financial aid funding and establishes flexible tuition policies available to families so every student in Florida who qualifies and earns the privilege to attend one of our state universities has the opportunity to pursue a higher education.
Expands Student Financial Assistance and Support

  • Expands need-based state aid, and university or college gift aid, for students with demonstrated financial need.
    • Expands the First Generation Matching Grant Program to include community college students and doubles the state match for private donations supporting the program (2:1 match).
    • Creates a new Florida Farmworker Student Scholarship for children of migrant families to earn technical and college credentials.
  • Expands merit-based state gift aid for high-performing students.
    • Reinstates full funding of the Bright Futures Florida Academic Scholar award at 100 percent of tuition and fees, plus $300 in fall and spring semesters to cover instructional materials and other costs, beginning in this 2017-2018 academic year.
    • Guarantees funding for 2018 summer term tuition and fees for Bright Futures Florida Academic Scholar awards.
    • Reinstates funding for the Bright Futures Florida Medallion Scholar award at 75 percent of tuition and fees for fall and spring semesters, beginning in fall semester of the 2018-2019 academic year.
    • As amended today, the legislation guarantees funding for 2019 summer term tuition and fees for Bright Futures Florida Medallion Scholar awards.
    • Expands Benacquisto Scholarship awards (full cost of attendance) to recruit out-of-state National Merit Scholar award winners.

Establishes Flexible Tuition and Fee Policies

  • Requires universities to implement an institutional block tuition and fee policy for full-time, in-state, undergraduate resident students.
    • Fall 2018 semester implementation for at least the entering freshman class – may be extended to include other students.
    • Must accommodate full-time student enrollment in at least 30 credits across any combination of fall, spring, or summer terms of the academic year.
    • Must maximize accelerated and transfer credit to facilitate on-time graduation and minimize excess hours.
    • Must be publicly approved by university boards of trustees and the Board of Governors, with updates and progress reports provided to the Legislature.

Increases Student Access to Internship and Job Opportunities

  • Requires each state university to use labor market projections and related degree production analyses to identify internship opportunities for students to benefit from industry experts and mentors, earn industry certifications, and become employed in high-demand fields.

RECRUIT AND RETAIN TOP FACULTY
Senate Bill 4 expands and enhances policy and funding tools state universities can leverage to recruit and retain the very best faculty, enrich professional and graduate school strength and viability, and bring aging infrastructure and research laboratories into the 21st century.
Establishes World Class Faculty Scholar Program

  • Creates the World Class Faculty Scholar Program to help universities recruit, recognize, and retain exemplary faculty, research scholars, and expert teams.

Establishes University Professional and Graduate Degree Excellence Program

  • Creates the University Professional and Graduate Degree Excellence Program to promote quality and excellence in university professional schools, and improve graduate study outcomes in high-impact fields of medicine, law, and business.

ELEVATE UNIVERSITY DISTINCTION AND NATIONAL PROMINENCE
Senate Bill 4 ensures universities remain accountable to Florida taxpayers by refining university performance expectations to incentivize and reward state university performance excellence and recognition in academics, instruction, research, and community accomplishments and achievements.
Incentivizes On-Time Graduation of Full-Time Students

  • Refines university performance expectations to incentivize and reward institutions for graduating full-time bachelor degree students in four years.
    • Preeminent State Research University: Upgrades the graduation metric to a 4-year graduation rate of 60 percent or higher. The current metric is a 6-year rate at 70 percent or higher. The bill provides one transitional year for any university having earned preeminent or emerging preeminent status based on the 2018 determination under current metrics to maintain that status for the 2018-19 academic year and receive 2018-19 preeminence funds accordingly.
    • University Performance Incentive Funding: Updates metrics to specify a 4-year graduation rate and require benchmarks for the “access” metric that reward institutions for performance success in serving Pell grant students.
  • Tightens state university relationships with their direct-support organizations’ leadership, use of funds, and public disclosure activities.

Promotes State University Programs of Excellence

  • Directs the Board of Governors to establish standards and measures to recognize, enhance, and promote individual degree programs in state universities across the system, which reflect national excellence, prominence, and distinction.

For more information, please visit www.FLSenate.gov.

Statement by President Negron on State General Revenue Forecast

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Florida Senate President Joe Negron (R-Stuart) today released the following statement regarding the state’s economic forecast provided at today’s Revenue Estimating Conference.
“Today’s modest increase in expected state revenues is an encouraging sign as Florida continues to demonstrate steady economic growth.  Make no mistake; every penny in our state budget originates from the hard work and sacrifice of our constituents who get up and go to work every day, sometimes to a second or third job.  I am confident that beginning in our September committee meetings, the Senate will carefully evaluate competing budget priorities in a fiscally conservative manner.  I also know from past experience that revenue estimates fluctuate and circumstances change.  It is always best to remain cautious and prudent.”

Gulf County Resident Jason Shoaf Appointed to Triumph Gulf Coast Board of Directors

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Port St. Joe Native Joins Board Tasked with Economic Recovery, Diversification, and Enhancement of Counties Disproportionately Affected by the Deepwater Horizon Oil Spill

Florida Senate President Joe Negron (R-Stuart) today appointed Jason Shoaf of Port St. Joe to the Board of Directors of Triumph Gulf Coast, Inc. Mr. Shoaf serves as the Vice President of St. Joe Natural Gas Company.
“Jason Shoaf is a lifelong resident of the Florida Panhandle with deep roots in Gulf County. He has a passion for the community and is committed to seeing the full economic recovery of Northwest Florida,” said President Negron. “His business background and record of service to his community make him an excellent addition to the already prestigious board of directors.”
“For the better part of the last decade, our communities have been feeling the impacts of the Deepwater Horizon Oil Spill. The legislation we passed earlier this year affirms our longstanding commitment to keep these critical funds in Northwest Florida,” said Senator Bill Montford (D-Tallahassee), who represents Gulf County in the Florida Senate. “Jason Shoaf is a family man and community leader who will be a great advocate for, not only Gulf County, but our entire region.”
Earlier this year, the Florida Legislature unanimously passed and Governor Scott signed into law House Bill 7077, which amended the Gulf Coast Economic Corridor Act to ensure funds received in the settlement of the state’s economic damage claims caused by the 2010 Deepwater Horizon Oil Spill remain in Northwest Florida’s eight disproportionately affected counties.
The eight disproportionally affected counties receive 75 percent of all economic damage settlement funds received by the state. House Bill 7077 immediately appropriates the initial settlement payment to Triumph Gulf Coast, Inc., and releases subsequent settlement payments directly to Triumph Gulf Coast, Inc., no later than 30 days after they are received by the state. As required by the new law, the initial settlement payment of $300 million has been dispersed to Triumph Gulf Coast.
Former House Speaker Allan Bense chairs the board. He is joined on the board by Stan Connally Jr., Pam Dana, Stephen Riggs IV, and Bob Bonezzi.  The President of the Senate, Speaker of the House of Representatives, Governor, Attorney General, and Chief Financial Officer, each appointed one board member.
House Bill 7077 requires the addition of two new appointees to the current five-member board, expanding the board to seven members. The President of the Senate and the Speaker of the House of Representatives must each appoint an additional member from the private sector in one of the four least populous disproportionately affected counties ensure that two such counties are represented on the board.
Background:
In 2013, the Legislature created Triumph Gulf Coast, Inc., to ensure economic damage settlement funds coming to the state would both benefit the eight disproportionately affected counties and be properly accounted for. The Triumph Gulf Coast Board is tasked to make awards to programs and projects that meet the priorities for economic recovery, diversification, and enhancement of the disproportionately affected counties. The corporation is required to abide by the state’s public record laws and public meeting notice requirements.
The eight Florida counties disproportionately affected by the Deepwater Horizon Spill include: Bay, Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Walton, and Wakulla Counties.

Rooney Backs Albritton for Florida Senate

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Congressman Tom Rooney says Ben Albritton is a dedicated leader who will
provide excellent representation for District 26 in the Florida Senate.

The Ben Albritton Campaign today announced the endorsement of Congressman Tom Rooney, who represents Florida’s 17th District in the U.S. House of Representatives. Albritton is seeking the District 26 seat in the Florida Senate, currently held by Denise Grimsley, who is running for Commissioner of Agriculture.
“Ben Albritton is a tireless and dedicated servant leader committed to strengthening our communities,” said Rooney. “I’ve had the opportunity to work closely with Ben on issues important to our region, and I am confident he will continue the tradition of excellent representation Denise Grimsley has provided.”
Rooney was elected to Congress in 2008, and he sits on the House Appropriations Committee and the House Permanent Select Committee on Intelligence. He chairs the Subcommittee on the National Security Agency. His district includes nine counties, spanning from Florida’s Heartland to the Gulf Coast.
“I am honored to have the support of Congressman Rooney,” said Albritton. “When it comes to defending agriculture, reining in big government, and supporting small businesses, there is no question we have a champion in him. I plan to fight for those same issues in the Florida Senate.”
In 2010, Albritton was elected to the Florida House of Representatives, where he has been a staunch advocate for entrepreneurs and children in Florida’s foster care system. He is also known for his strong conservative record on Second Amendment rights and protection for the unborn. He is the Chair of the House Agriculture and Natural Resources Appropriations Subcommittee and Vice Chair of the House Natural Resources and Public Lands Subcommittee. He also sits on the Appropriations Committee, the Agriculture and Property Rights Subcommittee, and the Government Accountability Committee, and he currently serves as the Chair of the Polk County Legislative Delegation.
With Grimsley’s decision to not seek re-election, District 26, where Republicans outnumber Democrats 43 to 34 percent, is an open seat. Centered in Florida’s Heartland, the district covers parts of Charlotte, Lee, and Polk Counties, as well as all of DeSoto, Glades, Hardee, Highlands, and Okeechobee Counties.

Paid by Ben Albritton, Republican, for State Senator

Senate Passes Legislation to Expand Compassionate Use of Medical Marijuana

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Senate Bills Implement Voter-Approved Constitutional Amendment

The Florida Senate today passed Senate Bill 8A, Medical Use of Marijuana, and Senate Bill 6A, Public Records/Medical Marijuana Use Registry/Physician Certification for Marijuana and Dispensing/Department of Health. Together, the bills implement Article X, section 29 of the Florida Constitution, which allows the use of marijuana by patients with debilitating medical conditions.
“This legislation demonstrates fidelity to the Constitution by fully and faithfully implementing the constitutional amendment passed by 71 percent of voters last November,” said Senate President Joe Negron (R-Stuart). “The legislation also affirms our commitment to local control by allowing local governments to regulate the location of dispensing facilities. In addition, the legislation enhances research opportunities that will allow scientists and physicians to study and improve this medicine for our fellow citizens who are suffering from serious medical conditions and illnesses.”
“We are committed to fulfilling our constitutional duty to ensure the availability and safe use of medical marijuana in the manner prescribed by Florida voters,” said Senator Bradley. “This patient-first legislation removes barriers for both patients and physicians, expanding access to this medicine. The legislation will also help strengthen the patient-physician relationship, while ensuring safety through a unified regulatory structure for each component of the process from seed to sale. Additionally, the bill clarifies that like other medication, medical marijuana is exempt from state and local sales tax.”
Patients, Caretakers, and Physicians:
Senate Bill 8A requires patients to be certified by a licensed Florida physician as having at least one qualifying medical condition. If a patient is younger than 18 years of age, a second physician must also agree. The following are qualifying medical conditions:

  • Cancer, epilepsy, glaucoma, human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis (MS);
  • A medical condition of the same kind or class as those listed above; or
  • Chronic nonmalignant pain that is caused by one of the enumerated qualified medical conditions or that originates from a qualified condition and persists beyond the usual course of that condition.

The legislation also requires physicians to complete a 2-hour course and examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association. The course must be completed upon each licensure renewal.
Further the bill, establishes requirements for physicians prior to certifying a patient and after certification. A certifying physician must:

  • Determine that medical marijuana would likely outweigh the potential health risks to a patient;
  • Check the patient’s prescription history in the Prescription Drug Monitoring Database; and
  • Recertify every 30 weeks.

Senate Bill 8A also removes the three-month treatment prerequisite for patients. Patients and caregivers must provide proof of residency, register with the Department of Health (DOH), and possess an identification card. The DOH is required to create and maintain an online medical marijuana use registry for patients, caretakers and physicians.  The bill clarifies that edibles and vaping are permitted, while smoking is prohibited.
Tax Exemption:
Senate Bill 8A provides a permanent tax exemption for medical marijuana and marijuana delivery devices. Medication in Florida is tax exempt.
Medical Marijuana Treatment Centers (MMTCs):
Senate bill 8A requires the DOH to license MMTCs as vertically integrated entities to cultivate, process, transport, and dispense low-THC marijuana, medical marijuana, and medical marijuana delivery devices. The DOH is further required to license the existing Dispensing Organizations (DOs) created under the Compassionate Medical Cannabis Act as MMTCs as soon as practicable, no later than July 3, 2017.
The DOH is required to award ten additional MMTC licenses as soon as practicable, but no later than October 3, 2017.
Moving forward, the legislation requires the DOH to award four additional MMTC licenses for every 100,000 active patients in the medical marijuana use registry. MMTCs must have their products tested by marijuana testing labs certified by the DOH.
Dispensing Facilities:
Senate Bill 8A restricts the number of dispensing facilities each MMTC may initially establish to 25.  MMTCs are allowed to operate five additional dispensing facilities for every 100,000 active patients in the medical marijuana use registry.  DOH will determine the number of dispensing facilities per region for each MMTC. The number of dispensing facilities per region will be calculated based on a region’s population relative to the state’s overall population.
MMTCs are authorized to sell unused dispensary slots to another MMTC. An MMTC that buys such an unused slot may utilize the slot only within the same region in which the slot could have been used prior to the purchase. The buying and selling of slots will increase or reduce an MMTC’s statewide and regional maximums regarding the number of dispensaries it may operate.
The bill provides a sunset date for the dispensing facility cap to expire on April 1, 2020, and requires dispensing facilities to look and feel like a physician’s office.
Local Control:
Senate Bill 8A allows local governments to regulate the location of dispensing facilities and provides that a local government may ban dispensaries within its borders. However, if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities.
Research and Education:
Senate Bill 8A creates the Coalition for Medical Marijuana Research and Education within the Moffitt Cancer Center to conduct scientific research, provide education, disseminate research, and guide policy on the ordering and dosing practices for the medical use of marijuana. DOH is required to implement a statewide marijuana education and illicit use prevention campaign regarding the health effects of marijuana use, particularly on minors and young adults. Further, the Department of Highway Safety and Motor Vehicles will implement a statewide impaired driving education campaign to raise awareness and prevent marijuana-related and cannabis-related impaired driving.
Background:
In 2014, the Legislature passed the Compassionate Medical Cannabis Act to allow patients suffering from cancer or a condition that chronically produces seizures or severe and persistent muscle spasms to use low-THC cannabis. In 2015, the Legislature enacted the Right to Try Act, which authorizes an eligible patient with a terminal condition to receive an investigational drug, biological product, or device. In 2016, the Legislature expanded the Compassionate Medical Cannabis Act to allow terminally ill patients to use medical cannabis under the Right to Try Act. Additionally, changes were made to the regulatory structure within the Department of Health to increase oversight and address previous roadblocks during implementation.
In November 2016, Florida voters approved an amendment to the State Constitution creating Article X, section 29, Medical Marijuana Production, Possession, and Use. The amendment creates several exemptions from criminal and civil liability related to the medical use of marijuana for qualifying patients, physicians, treatment centers and caregivers.

Senator Jeff Brandes files legislation to implement amendment 2

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Alternative proposal for medical marijuana offered for consideration by full Senate

Senator Jeff Brandes (R-St. Petersburg) today filed legislation to implement the medical marijuana constitutional amendment, known as Amendment 2, which passed with over 71% of voter approval on the November 2016 General Ballot. The proposal by Senator Brandes will be considered as an amendment to Senate Bill 8A, the Amendment 2 implementation bill filed by Senator Rob Bradley (R-Orange Park) scheduled to be heard by the Senate during the 2017 Special Legislative Session A.
“This proposal is the purest implementation proposal that the legislature has seen to date for Amendment 2,” stated Senator Brandes. “For the first time the Florida Senate will have an opportunity to vote consistent with our Republican principles of free markets and fair competition. This legislation puts Florida patients first, and protects the physician-patient relationship. I look forward to a robust conversation with my colleagues on this proposal, and I urge their support so that we can address this important issue during the Special Session.”
The proposal by Senator Brandes repeals Florida’s current law relating to low-THC medical marijuana. Under the Brandes proposal, medical marijuana is not subject to sales tax. Additionally, the number of Medical Marijuana Treatment Centers (MMTC) licensed in the state will be determined by market demand, rather than an arbitrary maximum set in law. Furthermore, the Brandes proposal eliminates the “vertical integration” mandate, which is a requirement that the same company must grow, process, transport, and dispense medical marijuana. The Brandes proposal provides flexibility to local governments to determine whether or not medical marijuana retail facilities may be located within their jurisdiction, and limits the number of retail facilities to not more than one per 25,000 residents. Finally, the Brandes proposal authorizes any method of consumption so that physicians can determine the best form of administering medical marijuana, rather than lawmakers.

For more information on the proposal by Senator Brandes, click here.