RULE NO.:RULE TITLE:
64-4.002Application for Registration of Medical Marijuana Treatment Centers
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 85, May 1, 2018 issue of the Florida Administrative Register.
64-4.002 Application for Registration of Medical Marijuana Treatment Centers.
Pursuant to section 381.986, F.S., all applicants seeking registration as a medical marijuana treatment center shall comply with the process detailed below. The process set forth in this rule applies to individuals requesting registration as a medical marijuana treatment center pursuant to section 381.986(8)(a)2., F.S., but does not include registration pursuant to subparagraph 1 and sub-subparagraphs 2.a. and 2.b.
(1) Each individual or entity that meets the requirements of section 381.986(8)(b), F.S., desiring to be registered as a medical marijuana treatment center pursuant to section 381.986(8)(a)2., F.S., shall submit an application to the department using Form DH8013-OMMU-04/2018, “Application for Medical Marijuana Treatment Center Registration,” incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The application must comply with the page limits, blind grading, format, and organization instructions detailed in the application. The applicant must include with the application at the time of submission the following:
(a) through (d) No change.
(e) For applicants seeking registration as a medical marijuana treatment center pursuant to section ss. 381.986(8)(a)2.b., F.S., the applicant must provide evidence that it is an individual or an entity majority-owned by individual(s) who is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) (“Pigford”) or In re Black Farmers Discrimination Litigation, 856 F. Supp. 2d 1 (D.D.C. 2011) (“BFDL”).
1. Examples of acceptable evidence include:
a. Documentation from Poorman-Douglass Corporation (now Epiq Systems Inc.) that the applicant received a consent decree case number in Pigford;
b. Documentation that the applicant was granted class status by the Pigford adjudicator;
c. Court documents or United States Department of Agriculture (USDA) documents showing that the applicant received judgment discharging debt, providing a cash payment, or providing injunctive relief in Pigford;
d. Documentation that the applicant was determined to be a class member by Epiq Systems Inc. in BFDL;
e. Documentation that the applicant received a settlement award in BFDL; or
f. Other court documents or USDA documents demonstrating that the applicant was granted class member status in either Pigford or BFDL.
2. Applicants seeking registration as a medical marijuana treatment center pursuant to section ss. 381.986(8)(a)2.b., F.S., are exempt from the evidentiary requirements of paragraph (1)(c) above and, therefore, are also exempt from the provisions of paragraph (4)(c) below. However, if an applicant wishes to be considered under sections ss. 381.986(8)(a)2.b., ss. 381.986(8)(a)2.c., and ss. 381.986(8)(a)4., F.S., the applicant must provide the documentation required in paragraph (1)(c).
(e)(f) No change.
(2) through (6) No change.
(7) Licenses will be awarded, subject to availability as set forth in sections 381.986(8)(a)2., F.S., based on the highest total score in the following manner:
(a) The highest scoring applicant that is a recognized member of Pigford or BFDL will receive a license.
(a)(b) The remaining highest scoring applicants, after the addition of the preference points for applicants pursuant to paragraph (6)(c) above, will receive licenses up to the statutory cap set forth in section 381.986(8)(a)2., F.S., after reserving the license set forth in section 381.986(8)(a)2.b., F.S., which shall be awarded in accordance with the application process set forth in Rule 64-4.026, F.A.C.
(c) The remaining highest scoring applications, after removing any preference points received under paragraph (6) (c), will receive licenses up to the statutory cap set forth in section 381.986(8)(a)4., F.S. Eligibility for additional licenses pursuant to section 381.986, F.S. shall be determined pursuant to the number of active qualified patients in the medical marijuana use registry as of the date the department issues approvals for registration.
(b)(d) No change.
(8) through (10) No change.
Rulemaking Authority 381.986(8)(b) FS. Law Implemented 381.986(8) FS. History–New 6-17-15, Amended____.
