Florida HB 1003: Medicaid Presumptive Eligibility For Pregnant Women

Bill Text

CS/HB 1003 2026

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A bill to be entitled 1
An act relating to open cannabis containers in motor 2
vehicles; creating s. 316.19361, F.S.; providing 3
definitions; prohibiting a person from possessing an 4
open cannabis container while operating or a passenger 5
in or on a motor vehicle or while seated in or on a 6
motor vehicle that is parked or stopped within a road; 7
specifying circumstances in which an open cannabis 8
container is considered to be in a person's 9
possession; providing applicability; providing 10
penalties; requiring the Department of Highway Safety 11
and Motor Vehicles to report certain violations to the 12
Department of Health and requiring the Department of 13
Health to maintain records of such violations; 14
authorizing a local government to adopt certain 15
ordinances; providing construction; amending s. 16
381.986, F.S.; requiring the Department of Health to 17
suspend or revoke the registration of a qualified 18
patient or caregiver under specified circumstances; 19
providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 316.19361, Florida Statutes, is created 24
to read: 25

CS/HB 1003 2026

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316.19361 Possession of open cannabis containers in 26
vehicles prohibited; penalties.— 27
(1) As used in this section, the term: 28
(a) "Caregiver" has the same meaning as in s. 381.986(1). 29
(b) "Marijuana" means all parts of any plant of the genus 30
Cannabis, whether growing or not; the seeds thereof; the resin 31
extracted from any part of the plant; and every compound, 32
manufacture, salt, derivative, mixture, or preparation of the 33
plant or its seeds or resin, including edibles, which are 34
dispensed from a medical marijuana treatment center for medical 35
use by a qualified patient. The term does not include low-THC 36
cannabis. As used in this paragraph, the terms "edibles," "low-37
THC cannabis," and "medical use" have the same meanings as in s. 38
381.986(1). 39
(c) "Open cannabis container" means a container that 40
contains marijuana and from which a person can immediately 41
consume, inhale, or smoke such marijuana. 42
(d) "Qualified patient" has the same meaning as in s. 43
381.986(1). 44
(e) "Road" has the same meaning as in s. 316.1936(1). 45
(2) It is unlawful for any person to possess an open 46
cannabis container while he or she is: 47
(a) Operating a motor vehicle in this state or while a 48
passenger in or on a motor vehicle being operated in this state. 49
(b) Seated in or on a motor vehicle that is parked or 50

CS/HB 1003 2026

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stopped within a road. This paragraph does not apply to 51
passengers in vehicles designed, maintained, and used primarily 52
for the transportation of persons for compensation or in motor 53
homes. 54
(3) An open cannabis container is considered to be in the 55
possession of the operator of a motor vehicle if the open 56
cannabis container is readily accessible to the operator while 57
he or she is in a seated position and is not in the possession 58
of a passenger. This subsection does not apply to a container 59
that is located in a locked glove compartment, locked trunk, or 60
other locked nonpassenger area of the motor vehicle or a 61
container that is located in an area behind the last upright 62
seat of a motor vehicle if such vehicle is not equipped with a 63
trunk. 64
(4) An open cannabis container is considered to be in the 65
possession of a passenger of a motor vehicle if the open 66
cannabis container is in the physical control of the passenger. 67
(5) This section does not apply to: 68
(a) A passenger of a vehicle in which the driver is 69
operating the vehicle pursuant to a contract to provide 70
transportation for passengers, and such driver holds a valid 71
commercial driver license with a passenger endorsement issued in 72
accordance with the requirements of chapter 322; 73
(b) A passenger of a bus in which the driver holds a valid 74
commercial driver license with a passenger endorsement issued in 75

CS/HB 1003 2026

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accordance with the requirements of chapter 322; 76
(c) A passenger of a self-contained motor home that is 77
longer than 21 feet; or 78
(d) A rider in a transportation network company vehicle, 79
as those terms are defined in s. 627.748(1). 80
(6)(a) An operator of a motor vehicle who violates this 81
section commits a noncriminal moving traff