Renewal Application Requirements for MMTCs

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER19-8Renewal Application Requirements for MMTCs

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: This rule establishes the requirements for renewal of medical marijuana treatment center licenses. This emergency rule and form supersede the previous emergency rule, 64ER17-8 "Renewal Application Requirements for Medical Marijuana Treatment Centers" and form, "Application for Medical Marijuana Treatment Center License Renewal."

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

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER19-8 Renewal Application Requirements for MMTCs.

(1) Each licensed MMTC seeking renewal of its MMTC license shall submit a renewal application to the department using Form DH8017-OMMU-12/2019 “Application and Instructions for MMTC License Renewal,” herein incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/ together with a renewal fee of $60,063.00.

(2) Renewal applicants may not submit variance requests, pursuant to Rule 64-4.023, F.A.C., as part of the renewal application.

(3) The following are grounds for denial of a renewal application:

(a) Failure to submit the $60,063 renewal fee;

(b) Failure to provide documentation required by the “Application and Instructions for MMTC License Renewal”;

(c) Failure to timely correct errors or omissions or supply required information to the department upon request made pursuant to s. 120.60, F.S.;

(d) Failure to meet minimum statutory requirements; and

(e) Any deficiencies or violations that are grounds for revocation or denial pursuant to statute or department rule.

(4) MMTCs initially licensed between July 31, 2017 and October 31, 2017, shall submit an “Application and Instructions for MMTC License Renewal,” which must be received by the department no later than February 28, 2020, and biennially thereafter, at least 30 days, but not more than 60 days, before the license expires.

(5) All other MMTCs shall submit an “Application and Instructions for MMTC License Renewal,” biennially, which must be received by the department at least 30 days, but not more than 60 days, before the license expires. 

(6) An MMTC’s “Application for Medical Marijuana Treatment Center License Renewal,” renewal fee, and supporting documentation, must be delivered to the department’s Agency Clerk, at the address provided in the “Application and Instructions for MMTC License Renewal,” no later than 5:00 p.m. EST on the deadline established in section (4) or (5), as applicable.  If the deadline falls on a Saturday, Sunday, or legal holiday, then the deadline shall fall on the next day which is not a Saturday, Sunday, or legal holiday. 

(7) Renewal applications that are not received by the department’s Agency Clerk, at the address provided in the “Application and Instructions for MMTC License Renewal” on or before the date and time set forth in this rule, will not be considered.

Rulemaking Authority 381.986(8)(b) FS. Law Implemented 381.986 FS. History–New ____ .

 

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 10, 2019