Section 64-4.023 - Medical Marijuana Treatment Center Variance Request 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-11/2018, "Medical Marijuana Treatment Center Variance Request," incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10195.(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 sections 381.986(10)(f) and (g), F.S.(5) Changes to a medical marijuana treatment center's medical director must be requested in accordance with subsection (2). A medical marijuana treatment center may add or remove an officer, board member, manager, or employee by notifying the Department in writing at OMMULicenseOperation@flhealth.gov of the name and position of the individual to be added or removed, with an updated copy of the medical marijuana treatment center's organizational chart if the change in personnel amends the existing organizational chart. However, no officer, board member, manager, or employee may be added by a medical marijuana treatment center prior to that individual passing a background screening pursuant to section 381.986(9), F.S.(6) 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.Fla. Admin. Code Ann. R. 64-4.023
Rulemaking Authority 381.986(8)(k), 381.986(10)(h) FS. Law Implemented 381.986(8)(e), 381.986(10) FS.
Adopted by Florida Register Volume 44, Number 249, December 26, 2018 effective 1/10/2019.