THE BILL ITSELF
SB 1242
Medical Marijuana Treatment Center Licensure
Florida Senate - 2026 SB 1242 By Senator Davis 5-01420-26 20261242__
1
A bill to be entitled
2
An act relating to medical marijuana treatment center
3
licensure; amending s. 11 of chapter 2024-246, Laws of
4
Florida; requiring the Department of Health to
5
consider all deficiencies in an application for a
6
medical marijuana treatment center license cured if
7
the sole remaining deficiency is the fact that the
8
application was submitted by an entity in legal
9
partnership with a certain eligible recognized class
10
member, or his or her heir, rather than by the class
11
member or heir as an individual; prohibiting the
12
department from using such fact as a reason to deny an
13
application for licensure; providing that such
14
applicants are deemed to have satisfied a specified
15
licensure requirement if certain conditions have been
16
met; requiring the department to issue a medical
17
marijuana treatment center license to such an entity
18
if all other applicable licensure requirements have
19
been met; requiring the department to issue such
20
licenses by a specified date; providing an effective
21
date.
23
Be It Enacted by the Legislature of the State of Florida:
25
Section 1. Section 11 of chapter 2024-246, Laws of Florida,
26
is amended to read:
27
Section 11. (1) Effective upon this act becoming a law and
28
notwithstanding any provision of s. 381.986(8)(a)2.b., Florida
29
Statutes, to the contrary, the Department of Health must grant
30
an applicant 90 days to cure, pursuant to the errors and
31
omissions process established in department Form DH8035-OMMU
32
10/2021 as incorporated by the department in rule 64ER21-16,
33
Florida Administrative Code, any remaining deficiencies cited by
34
the department regarding the application if the applicant:
35
(a) Applied for a medical marijuana treatment center
36
license during the application window created by the department
37
to accept applications for licensure pursuant to s.
38
381.986(8)(a)2.b., Florida Statutes; and
39
(b) Has not been awarded a license, either from the initial
40
application process or through the cure process established in
41
section 2 of chapter 2023-292, Laws of Florida.
42
(2) If the applicant cures the deficiencies within the 90
43
day timeframe, the department must issue a medical marijuana
44
treatment center license to the applicant.
45
(3) For purposes of the cure process detailed in
46
subsections (1) and (2), the department must consider all
47
deficiencies with an applicant’s application to be cured if the
48
sole remaining deficiency cited is:
49
(a) A failure to meet the requirement in s.
50
381.986(8)(b)1., Florida Statutes; or
51
(b) The applicant died after March 25, 2022. In the case of
52
the death of an applicant under this paragraph, the department
53
must issue the license to the heirs of the applicant ; or
54
(c) The application was submitted by an entity in legal
55
partnership with a recognized class member eligible for
56
licensure under s. 381.986(8)(a)2.b., Florida Statutes, or his
57
or her heir, rather than by the recognized class member or heir
58
as an individual .
59
(4) If an applicant who was alive as of February 1, 2024,
60
dies before the completion of the cure process detailed in
61
subsections (1) and (2), the death of the applicant may not be a
62
reason to deny the application during the cure process or any
63
resulting legal challenges. In such case, and in the event of a
64
successful cure or challenge, the department must issue the
65
license to the estate of the applicant.
66
(5) If an applicant was an entity in a legal partnership
67
with a recognized class member eligible for licensure under s.
68
381.986(8)(a)2.b., Florida Statutes, or his or her heir, the
69
fact that the recognized class member or his or her heir did not
70
submit the application as an individual may not be a reason to
71
deny the application. Such an applicant satisfies the
72
requirement of s. 381.986(8)(b)1., Florida Statutes, if the
73
entity in legal partnership with a recognized class member or
74
his or her heir had been registered to do business in this state
75
for 5 consecutive years before submitting the application.
76
Provided all other applicable requirements for licensure have
77
been met, the department must issue the license to the applicant
78
no later than July 1, 2026.
79
Section 2. This act shall take effect upon becoming a law.