CMTL Background Screening

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER20-15CMTL Background Screening

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC, HEALTH, SAFETY OR WELFARE:  Pursuant to Chapter 2019-116, § 41, at 31, Laws of Florida, the Department is not required to make findings of an immediate danger to the public, health, safety, or welfare.

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: The Department of Health is directed by Chapter 2019-116, § 41, at 31, Laws of Florida, to adopt emergency rules to implement section 381.988, Florida Statutes.

SUMMARY OF THE RULE: Emergency rule 64ER20-15 supersedes the Department’s emergency rule 64ER20-13 which was filed and effective on January 22, 2020 and published in Vol. 46, No. 16 edition of the Florida Administrative Register on January 24, 2020. Emergency rule 64ER20-15 addresses the background screening requirements for CMTLs.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER20-15 CMTL Background Screening

This emergency rule supersedes the emergency rule 64ER20-13 which was filed and effective on January 22, 2020.

(1) Required Background Screening.

(a) No person may serve as an Owner, Manager, or Employee, as those terms are defined by CMTL rules, unless and until the person has undergone and successfully passed a level 2 background screening pursuant to section 435.04, F.S.   Additionally, an Owner, Manager, or Employee must not have not been found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in chapters 837, 895, or 896, F.S., or similar law of another jurisdiction.

(b) A CMTL that allows a person to serve as an Owner, Manager, or Employee without successfully passing a required background screening will be subject to discipline pursuant to CMTL rules.

(2) Background Screening Procedures.

(a) A CMTL or Applicant must request and obtain clearance from the department before allowing any individual to serve as a CMTL Owner, Manager, or Employee.

(b) To request clearance of a prospective CMTL Owner, Manager, or Employee, a CMTL or Applicant must provide, via email to [e-mail], a request that the department process the individual’s background screening report. The CMTL or Applicant’s request for clearance of a prospective Owner, Manager, or Employee must include the full name of the person(s) submitting to background screening together with Form DH8023-OMMU-01/2020, “Certified Marijuana Testing Laboratory (CMTL) Waiver Agreement and Statement” incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/, which must be completed and signed by the prospective Owner, Manager, or Employee.

(c) Persons required to undergo background screening must submit a full set of fingerprints to a Livescan Service Provider and, at the time of submission, give to the Livescan Service Provider the ORI number FL924890Z (DOH – OFFICE OF MEDICAL MARIJUANA USE).

(d) Once generated, the background screening report will be sent directly to the department. The department will not process the background screening report unless and until it receives a clearance request from a CMTL or Applicant, as provided in paragraph (2)(b). If a CMTL or Applicant does not request clearance from the department within six months from the date the prospective Owner, Manager, or Employee submitted fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c), the department will be unable to process the background screening report and the individual will again be required to submit fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c).

(e) After receipt of the background screening report, the department may issue to the individual requests for additional information or clarification necessary to complete its review of the background screening report. Upon assessing the background screening report and any additional information received from the individual, the department will issue notice to the individual stating whether the individual passed the background screening. The department will also issue notice to the CMTL or Applicant advising whether the individual has been cleared to serve as a CMTL Owner, Manager, or Employee.

(f) If an individual’s fingerprints are rejected twice for image quality, the individual shall participate in the Federal Bureau of Investigation’s name check procedure for fingerprint submissions rejected twice due to image quality.

(g) A CMTL must retain in its records clearance notices from the department for all Owners, Managers, or Employees currently serving the CMTL and must retain the notices for at least five years after an Owner, Manager, or Employee is terminated, removed, or otherwise separated from the CMTL.

(3) Fingerprint Retention Fees and Notifications.

(a) The annual fee for participation in the AFRNP is $6.00 per individual record retained. There is no fee for the initial year of participation.

(b) The department will direct FDLE to enter and retain the fingerprints of all CMTL Owners, Managers, or Employees. CMTLs must notify the department in writing within 30 calendar days of the termination or separation of any Owner, Manager, or Employee so that the individual’s fingerprints may be removed.

(4) Disclosure of Arrest Reports and Continuing Background Clearance.

(a) After becoming aware of the arrest of any Owner, Manager, or Employee of the CMTL for any of the disqualifying offenses provided in s. 435.04, F.S., or becoming aware that such individual has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense in chapter 837, chapter 895, chapter 896 or similar law of another jurisdiction, the CMTL shall provide notice to the department. Such notice shall be provided to the department in writing within 48 hours of becoming aware of the individual’s arrest and shall include the following information:

1. Name of the arrested individual;

2. Position or job title of the arrested individual; and

3. A copy of the arrest report, if available.

(b) If the department receives an arrest notification concerning a CMTL Owner, Manager, or Employee that renders the individual ineligible to serve as a CMTL Owner, Manager, or Employee the department will provide written notice to the CMTL. Within 24 hours of receiving written notice from the department, a CMTL must terminate the Employee or Manager or remove the Owner from his or her position. Failure to do so is grounds for revocation of the certification.

Rulemaking Authority 381.988(3), 381.988(9), 943.05(2)(h)3, FS. Law Implemented 381.988, 943.05 FS. History–New1-30-2020

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: January 30, 2020