This rule implements s. 381.986(8)(e)1., Florida Statutes, by establishing a procedure for the Florida Department of Health to process ownership transfer requests made by a medical marijuana treatment center.  

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    DEPARTMENT OF HEALTH

    RULE NO.:RULE TITLE:

    64-4.018Medical Marijuana Treatment Center Change of Ownership Application

    PURPOSE AND EFFECT: This rule implements s. 381.986(8)(e)1., Florida Statutes, by establishing a procedure for the Florida Department of Health to process ownership transfer requests made by a medical marijuana treatment center.

    SUMMARY: Creates a process by which a medical marijuana treatment center may request approval to transfer ownership to a new entity or person.

    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) FS.

    LAW IMPLEMENTED: 381.986(8)(e)1. 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 Courtney.Coppola@flhealth.gov.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    64-4.018 Medical Marijuana Treatment Center Transfer of Ownership.

    (1) A medical marijuana treatment center may request to transfer ownership of its license pursuant to section 381.986(8)(e), F.S.

    (2) “Transfer of ownership” means the transfer of a medical marijuana treatment center license to a new entity or person.

    (3) The addition or removal of an owner or a change in ownership shares that does not effectuate a transfer of license to a new entity or person is not a transfer of ownership, and such requests should be submitted to the department pursuant to Rule 64-4.023, F.A.C.

    (4) In order to transfer ownership, the medical marijuana treatment center shall submit a request to the department using form DH8018-OMMU-5/2018, “Medical Marijuana Treatment Center Request for Transfer of Ownership,” incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

    (5) A medical marijuana treatment center may not proceed with the transfer of ownership without department approval.

    (6) If the department determines a medical marijuana treatment center has transferred ownership without approval, the medical marijuana treatment center’s registration shall be suspended pending the submission of a request to transfer pursuant to this rule and department approval of the transfer of ownership.

    (7) Upon approval of the transfer, the new owner (transferee) of the medical marijuana treatment center assumes responsibility and liability for any violations of statute or department rule by, and any regulatory obligations of, the previous owner (transferor). The transferree must operate the medical marijuana treatment center in accordance with the representations made in the initial application, and any approved variances, on file with the department at the time of the transfer. All proposed alternatives to the specific representations in the initial application must be submitted to the department in accordance with Rule 64-4.023, F.A.C.

    (8) 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 transfer 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 transfer request redacting those items identified as exempt concurrent with the submission of the transfer request for approval under subsection (4) above. Failure to provide a redacted copy of the transfer 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 review by the department in accordance with section 381.83, F.S.

    Rulemaking Authority 381.986(8)(k) FS. Law Implemented 381.986(8)(e)1. 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

Document Information

Comments Open:
5/2/2018
Summary:
Creates a process by which a medical marijuana treatment center may request approval to transfer ownership to a new entity or person.
Purpose:
This rule implements s. 381.986(8)(e)1., Florida Statutes, by establishing a procedure for the Florida Department of Health to process ownership transfer requests made by a medical marijuana treatment center.
Rulemaking Authority:
381.986(8)(k) FS
Law:
381.986(8)(e)1. FS
Contact:
Courtney Coppola at Courtney.Coppola@flhealth.gov.
Related Rules: (1)
64-4.018. Medical Marijuana Treatment Center Change of Ownership Application