Section 64-4.208 - MMTC Background Screening(1) Required Background Screening.(a) No person may serve as an employee, owner, or manager, as those terms are defined by this chapter, of an MMTC unless and until the person has undergone and successfully passed a background screening, as provided in Section 381.986, F.S.(b) An MMTC that allows a person to serve as an employee, owner, or manager without successfully passing a required background screening will be subject to discipline under this chapter.(2) Background Screening Procedures.(a) An MMTC must request and obtain written notice from the department that an individual has successfully passed a required background screening before allowing any such individual to serve as an employee, owner, or manager of the MMTC.(b) An MMTC must provide, via email to OMMUBGS@flhealth.gov, a request that the department process the individual's background report. The MMTC's request must include the full name of the person(s) submitting to background screening together with Form DH8016-OMMU-05/2020, "Waiver Agreement and Statement" incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11991, which must be completed and signed by the prospective employee, owner, or manager.(c) Persons required to undergo background screening must submit a full set of fingerprints to a Livescan Service Provider and, at the time of submission, give to the Livescan Service Provider the ORI number FL924890Z (DOH - OFFICE OF MEDICAL MARIJUANA USE).(d) Once generated, FDLE will send a background report directly to the department. The department will not process the background report unless and until it receives a request from an MMTC, as provided in paragraph (2)(b). If an MMTC does not submit the request as provided in paragraph (2)(b) within six months from the date the prospective employee, owner or manager submitted fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c), the department will be unable to process the background report and the individual will again be required to submit fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c).(e) After receipt of the background report, the department may issue to the individual requests for additional information or clarification necessary to complete the background screening process. Upon assessing the background report and any additional information received from the individual, the department will issue notice in writing to the individual stating whether the individual passed the background screening. The department will also issue written notice to the MMTC advising whether the individual has successfully passed the background screening required to serve as an employee, owner, or manager of the MMTC.(f) If an individual's fingerprints are rejected twice for image quality, the individual shall participate in the Federal Bureau of Investigation's name check procedure for fingerprint submissions rejected twice due to image quality.(g) An MMTC must retain in its records background screening notices from the department for all employees, owners, and managers currently serving the MMTC and must retain the notices for at least five years after the employee, owner, or manager is terminated, removed, or otherwise separated from the MMTC.(3) Fingerprint Retention Fees and Notifications.(a) The annual fee for participation in the AFRNP is $6.00 per individual record retained. There is no fee for the initial year of participation.(b) The department will direct FDLE to enter and retain the fingerprints of all MMTC employees, owners, and Managers in the AFRNP. MMTCs must provide written notice to the department within 30 calendar days of the termination or separation of any employee, owner, or manager so that the individual's fingerprints may be removed from the AFRNP.(c) Any employee, owner, or manager whose fingerprints were submitted prior to August 22, 2018 must be rescreened in accordance with subsection (2), within 90 days of the effective date of this rule, and must successfully pass the required background screening in order to continue serving as an employee, owner, or manager of the MMTC.(4) Disclosure of Arrest Reports and Continuing Background Screening. (a) After becoming aware of the arrest of any employee, owner, or manager of the MMTC for any of the disqualifying offenses provided in Section 435.04, F.S., or for an offense under Chapters 837, 895, and 896, F.S., or similar law of another jurisdiction, the MMTC shall provide written notice to the department. Such notice shall be provided to the department within 48 hours of becoming aware of the individual's arrest and shall include the following information: 1. Name of the arrested individual;2. Position or job title of the arrested individual; and3. A copy of the arrest report, if available.(b) If the department receives any arrest notification concerning an MMTC employee, owner, or manager that renders the individual ineligible to serve as an MMTC employee, owner, or manager, the department will provide written notice to the MMTC. Within 24 hours of receiving written notice from the department, an MMTC must ensure that such employee, manager, or owner is no longer an employee, manager, or owner.Fla. Admin. Code Ann. R. 64-4.208
Rulemaking Authority 381.986(8)(k), 943.05(2)(h)3. FS. Law Implemented 381.986(8)(b)8., 381.986(8)(e)4., 381.986(9), 943.05 FS.
Adopted by Florida Register Volume 46, Number 103, May 27, 2020 effective 6/10/2020.