The Department of Health has issued an order in response to a petition for an emergency waiver filed on June 9, 2015, by Richard C. Carroll representing Carroll Brothers Nursery, Inc. Petitioner sought a waiver of Rule 64E-4.002(2)(f)1., of the ...

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.002Initial Application Requirements for Dispensing Organizations

The Department of Health hereby gives notice:

The Department of Health has issued an order in response to a petition for an emergency waiver filed on June 9, 2015, by Richard C. Carroll representing Carroll Brothers Nursery, Inc. Petitioner sought a waiver of subparagraph 64E-4.002(2)(f)1., of the F.A.C., which requires that as part of the demonstration of financial ability, the applicant provide “Certified financials issued within the immediately preceding 12 months.” Notice of the petition was published in the June 11, 2015 edition of the Florida Administrative Register.

The Department found that the rule from which the Petitioner sought a waiver implements the statutory requirement for certified financials. While the Department found that Petitioner did not demonstrate that it met the requirements for the requested waiver, the Department denied Petitioner's request on the basis that the Department cannot grant the requested waiver without also providing a waiver to the provisions of the implementing statute, contrary to Section 120.542, Florida Statutes. Therefore, on July 8, 2015, the Department issued an Order Denying Emergency Petition for Waiver.

A copy of the Order or additional information may be obtained by contacting: Shannon Revels, Agency Clerk, Department of Health, Office of the General Counsel, 4052 Bald Cypress Way, Bin A02, Tallahassee, Florida 32399-1703.