This rule implements s. 381.986(8)(e), F.S., by establishing a procedure for the Florida Department of Health to grant variances from the representations made in a medical marijuana treatment center’s initial application for registration.

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.023Medical Marijuana Treatment Center Variance Procedure

PURPOSE AND EFFECT: This rule implements s. 381.986(8)(e), F.S., by establishing a procedure for the Florida Department of Health to grant variances from the representations made in a medical marijuana treatment center’s initial application for registration.

SUMMARY: Provides for a medical marijuana treatment center application variance procedure.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), FS.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.986(8)(k), 381.986(10)(h) FS.

LAW IMPLEMENTED: 381.986(8)(e), 381.986(10) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64-4.023   Medical Marijuana Treatment Center Variance Procedure.

(1) A medical marijuana treatment center may request a variance from the representations made in the initial application pursuant to section 381.986(8)(e), F.S.

(2) In order to obtain a variance from the representations made in the initial application, the medical marijuana treatment center shall submit a request to the department using Form DH8019-OMMU-05/2018 “Medical Marijuana Treatment Center Request for Application Variance,” incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(3) A medical marijuana treatment center may not proceed with a proposed alternative until receipt of approval from the department.

(4) If the department determines that a medical marijuana treatment center has proceeded with a proposed alternative, prior to receiving approval, the medical marijuana treatment center shall be subject to the penalties set forth in section 381.986(10)(f), F.S.

(5) If the medical marijuana treatment center intends to claim any exemption from public records disclosure under section 119.07, F.S., or any other exemption from public records disclosure provided by law for any part of its variance request, it shall indicate on the request the specific sections for which it claims an exemption and the statutory basis for the exemption. The requestor shall submit a redacted copy of the variance request redacting those items identified as exempt concurrent with the submission of the variance request for approval under subsection (2) above. Failure to provide a redacted copy of the variance request at the time of submission, or failure to identify and redact information claimed as trade secret will result in the release of all information in response to a public records request unless the information falls under another public records exemption. All identified trade secrets are subject to the department review in accordance with section 381.83, F.S.

Rulemaking Authority Section 381.986(8)(k), 381.986(10)(h)  FS. Law Implemented Section 381.986(8)(e), 381.986(10) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Coppola

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 1, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 2, 2018