This emergency rule replaces and supersedes Emergency Rule 64ER19-8 and establishes the requirements and process for the renewal of medical marijuana treatment center licenses and the renewal application form incorporated therein.
RULE NO.: RULE TITLE:
64ER22-10: Renewal Application Requirements for MMTCs
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Pursuant to Chapter 2022-157, § 18, 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 2022-157, § 18, Laws of Florida, to adopt emergency rules to implement section 381.986, Florida Statutes.
SUMMARY: This emergency rule replaces and supersedes Emergency Rule 64ER19-8 and establishes the requirements and process for the renewal of medical marijuana treatment center licenses and the renewal application form incorporated therein.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Office of Medical Marijuana Use at OMMURules@flhealth.gov.
THE FULL TEXT OF THE EMERGENCY RULE IS:
64ER22-10 Renewal Application Requirements for MMTCs.
(1) Each MMTC seeking renewal of its MMTC license shall submit a renewal application to the department in compliance with Form DH8053-OMMU-12/12/2022 “Medical Marijuana Treatment Center Renewal Application Instructions, Requirements, and Forms,” herein incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/, together with a renewal fee in the amount prescribed in subsection (9) below.
(2) Renewal applicants may not submit variance requests, pursuant to Rule 64-4.023, F.A.C., as part of the renewal application. Renewal applicants are prohibited from submitting as part of a renewal application any information that varies or changes the MMTC’s initial application, as amended by variance requests approved by the department. Approval of a renewal application does not constitute a variance approval.
(3) The following are grounds for denial of a renewal application:
(a) Failure to submit the required renewal fee;
(b) Failure to provide information or documentation required by the “Medical Marijuana Treatment Center Renewal Application Instructions, Requirements, and Forms;”
(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; or
(e) Any deficiencies or violations that are grounds for revocation or denial pursuant to statute or department rule.
(4) An MMTC seeking renewal must submit its renewal application at least 90 days, but not more than 120 days, before the end of the MMTC’s effective license period. The effective license period is a two-year period measured from the date the MMTC license was initially issued, as indicated on the initial license. After the initial effective license period, the two-year period is measured from the effective date of MMTC license renewal, as indicated on the renewal license.
(5) An MMTC’s renewal application, renewal fee, and supporting documentation must be delivered to the department’s Agency Clerk, at the address provided in the “Medical Marijuana Treatment Center Renewal Application Instructions, Requirements, and Forms,” no later than 5:00 p.m., eastern time, on the deadline established in subsection (4). If the deadline falls on a Saturday, Sunday, or legal holiday, then the deadline shall extend to the next day which is not a Saturday, Sunday, or legal holiday.
(6) Renewal applications that are not received by the department’s Agency Clerk, at the address provided in the “Medical Marijuana Treatment Center Renewal Application Instructions, Requirements, and Forms,” on or before the date and time set forth in this rule will not be considered.
(7) The amount of the renewal fee will be calculated according the to the following formula:
[(FY 1 actual expenditures + FY 2 actual expenditures) – (MMTC initial license application fees received during FY 1 and FY 2)] / Total number of licensed MMTCs = MMTC renewal fee amount
(a) FY 1 and FY 2 are the two most recently completed state fiscal years that immediately precede the first day of the two-year calendar period during which renewal applications are due, as reflected in the Medical Marijuana Treatment Center Renewal Fee Schedule. For example, for renewal applications due between January 1, 2023, and December 31, 2024, FY 1 and FY 2 would be the state’s fiscal years ending June 30, 2021, and June 30, 2022, respectively.
(b) For purposes of the formula, the total number of licensed MMTCs will be the number of licensed MMTCs as of the date the renewal fee is calculated.
(8) In establishing the renewal fee, the Department will review its records, Department of Financial Services records, and any other necessary state records to ascertain the actual amounts expended to implement and administer s. 381.986, F.S., during the applicable fiscal years and amounts received from MMTC initial license application fees during those same fiscal years.
(9) The renewal fee amount is contained in Form DH8054-OMMU-12/14/2022 “Medical Marijuana Treatment Center Renewal Fee Schedule,” herein incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/. Renewal fee amounts will be established for a period of two, consecutive calendar years for all renewal applications due during such calendar years.
(10) An MMTC must maintain compliance with department Emergency Rule 64ER22-1 during the effective license period.
Rulemaking Authority Art. X, § 29, Fla. Const.; 381.986(8)(b) F.S. Law Implemented Art. X, § 29, Fla. Const.; 381.986 F.S. 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 16, 2022
