HB 1053 — Location of Medical Marijuana Centers, Retail Vape Shops, and On-premises Consumption of Alcohol

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1053CS/HB1053 2024 A bill to be entitled An act relating to location of medical marijuana centers, retail vape shops, and on-premises consumption of alcohol;

providing applicability;

providing applicability;

381.986 Medical use of marijuana.— (11) PREEMPTION.—Regulation of cultivation, processing, Page 1of 45 CODING:

hb1053-00hb1053-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1053CS/HB1053 2024 (11) PREEMPTION.—Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection.

Effective July 1, 2024, a new medical marijuana treatment center cultivating or processing facility may not be located within 1,500 feet of the real property that comprises a religious institution or a public or private day care facility, elementary school, middle school, or secondary school, or postsecondary schoolschool. (c)1.

This subparagraph does not apply to a medical marijuana treatment center cultivating or processing facility operating before July 1, 2024.

(c)1.

Effective July 1, 2024, a new medical marijuana treatment center dispensing facility may not be located within 1,500 feet of the real property that comprises a religious institution or a public or private day care facility, elementary school, middle school, or secondary school, or postsecondary schoolschool. unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community.

This subparagraph does not apply to a medical marijuana Page 2of 45 CODING:

hb1053-00hb1053-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1053CS/HB1053 2024 Sectiontreatment 2.center dispensing facility operating before July 1, 2024 unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community.

Section 2.

applicability.— (a) Effective July 1, 2024, a new retail vape shop as defined under s.

(b) This section does not apply to a retail vape shop operating before July 1, 2024.

providing exceptions.— (2)(a) Nothing contained in the Beverage Law may be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licenseePage under3of the5 BeverageCODING: Law within the county or corporate limits of such municipality.

However, except for premises licensed on or before July 1, 1999, and except for locations licensed as restaurants, which derive at least 51 percent of Page 3of 4 CODING:

hb1053-00hb1053-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB1053CS/HB1053 2024 theirlicensee grossunder revenues from the saleBeverage ofLaw food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the realcounty property that comprises a public or privatecorporate elementarylimits school,of middlesuch school,municipality. or secondary school.

EffectiveHowever, Julyexcept 1,for 2024,premises alicensed newon locationor forbefore on-premisesJuly consumption1, of1999, alcoholicand beveragesexcept mayfor notlocations belicensed locatedas withinrestaurants, 1,500which feetderive ofat theleast real51 propertypercent thatof comprisestheir agross religiousrevenues institutionfrom orthe asale publicof orfood privateand daynonalcoholic carebeverages, facility,pursuant elementaryto school,chapter middle509, school,a orlocation secondaryfor school,on-premises orconsumption postsecondaryof schoolalcoholic unlessbeverages themay countynot orbe municipalitylocated approveswithin the500 locationfeet asof promoting the publicreal health,property safety,that andcomprises generala welfarepublic ofor theprivate communityelementary underschool, proceedingsmiddle asschool, providedor insecondary s.school.

Effective July 1, 2024, a new location for on-premises consumption of alcoholic beverages may not be located within 1,500 feet of the real property that comprises a religious institution or a public or private day care facility, elementary school, middle school, secondary school, or postsecondary school;

however, this restriction does not apply to a location for on-premises consumption of alcoholic beverages operating before July 1, 2024 unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s.

The division may not issue a change in the series of a license or approve a change of a licensee's location unless the licensee provides documentation ofPage proper4of zoning5 fromCODING: the appropriate county or municipal zoning authorities.

Words strickenare deletions;

words underlined are additions.

hb1053-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1053 2024 of proper zoning from the appropriate county or municipal zoning authorities.

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hb1053-00hb1053-01-c1