Definitions

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER19-4Definitions

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.

REASON FOR CONCLUDING THAT THE PROCEDURE 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 381.986, Florida Statutes.

SUMMARY: Emergency Rule 64ER19-4 amends the existing definitions in Rule 64-4.001, F.A.C., to update and add new definitions needed for additional rules being promulgated at this time.

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

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER19-4 (64-4.001) Definitions.

All the terms defined in section 381.986, F.S., shall have the meanings provided in that section, whenever used in this chapter. For the purposes of Department of Health (the “department”) medical marijuana treatment center rules and regulations, the following words and phrases shall have the following meanings indicated:

(1) AFRNP - The Applicant Fingerprint Retention and Notification Program authorized by section 943.05(2)(b), F.S., and established by the Florida Department of Law Enforcement, as provided in Rule 11C-6.010, F.A.C.

(2)(1) Applicant – An individual or entity that meets the requirements of section 381.986(8)(b), F.S., and applies for licensure registration as a medical marijuana treatment center pursuant to section 381.986(8)(a), F.S., excluding subparagraph 1. and sub-subparagraph 2.a.

(3) Arrest Report – The detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest.

(2) through (5) renumbered (4) through (7) No change.

 (6) Derivative Product – Forms of marijuana suitable for medical use.

(7) through (9) renumbered (8) through (10) No change.

(11) FDLE - The Florida Department of Law Enforcement.

(10) renumbered (12) No change.

(13)(11) Fulfillment and Storage Facility – Any area designated, which is not open to the public, to be used for order fulfillment, shipping, transportation, or storage of low-THC cannabis, medical marijuana, usable derivative product or marijuana delivery devices.

(12) renumbered (14) No change.

(15) Livescan Service Provider - A vendor, entity, or agency authorized by s. 943.053(13), F.S., that scans fingerprints electronically and submits them to FDLE.

(13) through (14) renumbered (16) through (17) No change.

(18) MMTC - A medical marijuana treatment center licensed by the department pursuant to s. 381.986(8)(a), F.S.,

(15) renumbered (19) No change.

(20)(16) Processing Authorization – Written notification by the department to a medical marijuana treatment center that it may begin processing marijuana to usable derivative product.

(21)(17) Processing Facility – Any area designated to be used for processing of usable derivative product.

(18) Registration as a Medical Marijuana Treatment Center –Licensure as a medical marijuana treatment center pursuant to section 381.986(8), F.S.

(19) renumbered (22) No change.

(23)(20) Routes of Administration – The appropriate method for the usable derivative product to be taken into the body of the qualified patient, as certified by a qualified physician, but does not include smoking.

(24) Usable Product - All forms of marijuana suitable for medical use by a qualified patient.

(25) Written Notice – Notice sent via email to the MMTC’s email address of record if the notice is intended for the MMTC, or notice sent via email to OMMU at [e-mail] if the notice is intended for the department, unless another means of written notice is specified by rule or statute.

Rulemaking Authority 381.986(8)(k)((b) FS. Law Implemented 381.986 FS. History–New 6-17-15, Amended 9-19-18, ____________.

 

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: December 9, 2019