§ 14-161. Definitions.

(a)

The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section:

(1)

Applicant shall mean any person or entity that has submitted an application for a certificate of approval or renewal of a certificate of approval issued pursuant to this article. If the applicant is an entity and not a natural person, applicant shall include all persons who are the managers, officers, directors, contractual agents, partners, and licensors of such entity, as well as all members, shareholders, or investors holding an ownership interest of ten (10) percent or more of such entity.

(2)

Cannabis has the meaning given to it by F.S. § 893.02(3) and shall include all forms of medical cannabis or low-THC cannabis. The term cannabis and marijuana shall be interchangeable for purposes of this article.

(3)

Medical marijuana treatment center or business shall mean a business licensed to dispense cannabis pursuant to any applicable state law, including but not limited to the Compassionate Use Act, and that is engaged in the dispensing of cannabis or derivative products, but shall not include growing, cultivating or processing cannabis or derivative products or making deliveries of cannabis or derivative products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law.

(4)

Certificate of approval shall mean a document issued by the jurisdiction officially authorizing an applicant to operate a medical marijuana treatment center pursuant to this article. A certificate of approval generally authorizes an applicant to establish and operate a medical marijuana treatment center pursuant to this article, but does not authorize the dispensing of cannabis at any physical location within the jurisdiction until a premises authorization, as defined herein, has been issued for such location. Each certificate of approval authorizes the issuance of a single premises authorization at any one (1) time, and any relocation of operations to a separate address shall require amendment of the premises authorization to authorize operations at the new location.

(5)

Compassionate Use Act shall mean F.S. § 381.986 and chapter 2016-123, Laws of Florida, as amended from time to time, and any rules or regulations promulgated thereunder.

(6)

Cultivation or cultivate shall mean the process by which a person grows a cannabis plant.

(7)

Derivative products shall mean products derived from cannabis, including but not limited to, cannabis oil or consumable products containing or derived from cannabis.

(8)

Dispensing shall mean the distribution of cannabis or derivative products at a medical marijuana treatment center, but does not include making deliveries of cannabis or derivative products to the residence or business of an authorized individual, or to a health care facility, as permitted by other relevant ordinances and state law.

(9)

Fee resolution shall mean the mechanism by which Osceola County annually adopts certain fees to defray the costs of administering programs, when permitted.

(10)

Investor shall mean any person or entity entitled to share in the profits of the applicant, or any lender. The term shall not include any employees who share in the profits of the applicant pursuant to an employee profit sharing program.

(11)

Lender shall mean any person or entity who has provided funds to an applicant with the expectation of receiving from the applicant repayment or the receipt from the applicant of anything of value. The term lender shall include any person who owns, directly or indirectly, twenty (20) percent or more of any entity which qualifies as a lender, but does not include any bank, credit union, or other financial institution created under federal or state law.

(12)

Jurisdiction shall mean Osceola County, Florida.

(13)

Medical director shall mean licensed physician or licensed pharmacist who established protocols and standing orders and who is specifically identified as being responsible to assure the competency of the performance of those acts by such marijuana treatment center providers. Any reference to a "physician advisor" in any previously adopted rules shall apply to a "medical director" as defined in these rules.

(14)

Operator shall mean the person or entity to whom a certificate of approval has been issued pursuant to this article.

(15)

Premises authorization shall mean a document issued by the jurisdiction to the operator, authorizing the operator to conduct medical marijuana treatment center operations at a single, specifically approved physical location. No premises authorization may be issued to any individual or entity who does not hold a certificate of approval. Likewise, no premises authorization may be issued until the selected location has obtained the required site development and building permits, including site development permit, and made the necessary improvements to obtain occupancy of the building for a medical marijuana treatment center. For the purposes of the site development permit approval process, the medical marijuana treatment center shall be considered "new development" and the site shall meet county development guidelines accordingly or applicable city guidelines.

(16)

Process or processing when referring to cannabis shall mean to take the cannabis plant and transform same into a form for medical use, whether cannabis or derivative product.

(17)

State shall mean the State of Florida.

(b)

In addition to the definitions contained in subsection (a), other terms used in this article shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this article by this reference.

(Ord. No. 2016-97, § 1, 10-17-16)