DEPARTMENT OF HEALTH
RULE NO.:RULE TITLE:
64ER17-7Registration as Medical Marijuana Treatment Centers for Qualified 2015 Applicants.
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC, HEALTH, SAFETY, OR WELFARE: Pursuant to Chapter 2017-232, § 14, at 45, 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 2017-232, § 14, at 45, Laws of Florida, to adopt emergency rules to implement section 381.986, Florida Statutes.
SUMMARY: Emergency rule 64ER17-7 supersedes the Department’s emergency rule 64ER17-3 which was filed and effective on September 28, 2017 and published in the September 29, Vol. 43, No. 189 version of the Florida Administrative Register. Emergency rule 64ER17-7 clarifies the provision of section 381.986(8)(a)2.a., Florida Statutes.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Courtney Coppola at Courtney.Coppola@flhealth.gov.
THE FULL TEXT OF THE EMERGENCY RULE IS
64ER17-7 Registration as Medical Marijuana Treatment Centers for Qualified 2015 Applicants.
This emergency rule supersedes the emergency rule 64ER17-3 which was filed and effective on September 28, 2017.
(1)For the purposes of implementing s. 381.986(8)(a)2.a., F.S., the following words and phrases shall have the meanings indicated:
(a)Application – an application to be a dispensing organization under former s. 381.986, F.S. (2014), that was timely submitted in accordance with Rule 64-4.002(5) of the Florida Administrative Code (2015).
(b)Final Ranking – an applicant’s aggregate score for a given region as provided in the column titled “Final Rank” or the applicant’s regional rank as provided in the column titled “Regional Rank” within the November 2015 Aggregated Score Card, incorporated by reference and available at http://www.floridahealth.gov/programs-and-services/office-of-medical-marijuana-use/medical-marijuana-treatment-centers/dispensing-application-process/index.html, as the final rank existed on November 23, 2015.
(c)Highest Final Ranking – the final rank with the highest point value for a given region, consisting of an applicant’s aggregate score as provided in the column titled “Final Rank” or the applicant’s regional rank as provided in the column titled “Regional Rank” within the November 2015 Aggregated Score Card, as the final rank existed on November 23, 2015.
(d)Within One Point – for the aggregate score under the column “Final Rank” one integer (i.e., whole, non-rounded number) carried out to four decimal points (i.e., 1.0000) or for the regional rank under the column “Regional Rank” one whole number difference, by subtracting an applicant’s final ranking from the highest final ranking in the region for which the applicant applied.
(e)Qualified 2015 Applicant – an individual or entity whose application was reviewed, evaluated, and scored by the department and that was denied a dispensing organization license under former s. 381.986, F.S. (2014) and either: (1) had one or more administrative or judicial challenges pending as of January 1, 2017; or (2) had a final ranking within one point of the highest final ranking in the region for which it applied, in accordance with Rule 64-4.002(5) of the Florida Administrative Code (2015).
(f)Region – the Northwest, Northeast, Central, Southwest, or Southeast region of Florida, individually, as each existed on November 23, 2015, in accordance with Rule 64-4.001(9) of the Florida Administrative Code (2015).
(g)Reviewed, Evaluated, and Scored – the review, evaluation, and scoring conducted by the department during the July 2015 through November 23, 2015 application cycle, of applications submitted to the department by applicants under former s. 381.986, F.S. (2014).
(2)To be considered for registration as a medical marijuana treatment center in accordance with s. 381.986(8)(a)2.a., F.S., qualified 2015 applicants must file a request for registration with the department’s Office of Medical Marijuana Use.
Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986(8)(a)2.a. FS History–New 10-30-17.
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: October 30, 2017
