Fla. Admin. Code Ann. R. 64-4.202 - MMTC Inspection Procedures

(1) The department may conduct random and unannounced inspections of any MMTC facility or vehicle utilized by an MMTC to determine compliance with Section 381.986, F.S., the department's rules, and the specific representations in the MMTC's application(s) on file with the department, including any department approved amendments or variances. An MMTC's refusal to allow entry or inspection is grounds for discipline under this chapter.

(2) An MMTC must allow department personnel complete, immediate, and unrestricted access to enter, inspect, monitor, and observe all areas and operations of an MMTC including, without limitation, areas where marijuana, records, or equipment is located, or where MMTC business is conducted. During an inspection, the MMTC must provide responses to oral inquiries.

(3) During any inspection, the MMTC must make its records accessible to the department. The records provided during an inspection may be supplemented within 24 hours after conclusion of the inspection by providing additional electronic records to the department via email to OMMULicenseOperation@flhealth.gov.

(4) If during any inspection the department identifies any deficiencies or violations of Section 381.986, F.S., the department's rules, or the specific representations in the MMTC's application(s) on file with the department, including any department approved amendments or variances, the department will send a written notice of violation to the MMTC identifying the deficiencies or violations. The notice of violation may include disciplinary action in accordance with MMTC rules.

(5) Notwithstanding any disciplinary action included in a notice of violation, within seven calendar days of receipt of a notice of violation, the MMTC must provide a written corrective action plan to resolve the identified deficiencies or violation(s). The corrective action plan must include, at a minimum, the action steps the MMTC intends to take to resolve the deficiency or violation, the specific deadlines for each action step, and the additional steps the MMTC intends to take to prevent future deficiencies and violations. The corrective action plan must be provided via email to OMMULicenseOperation@flhealth.gov.

(6) Upon review of the corrective action plan by the department, the MMTC may be required to take specific additional action steps to cure the deficiencies or violations. The MMTC must comply with and perform all such additional steps as directed by the department.

(7) An MMTC is subject to additional inspections by the department to confirm that the deficiencies or violations have been resolved and that the corrective action plan has been implemented.

(8) An MMTC's failure to resolve any deficiencies or violations identified during an inspection in the time period required by the department or specified in a corrective action plan is an additional ground for disciplinary action pursuant to this chapter.

Notes

Fla. Admin. Code Ann. R. 64-4.202

Rulemaking Authority 381.986(10)(h) FS. Law Implemented 381.986 FS.

Adopted by Florida Register Volume 46, Number 103, May 27, 2020 effective 6/10/2020.

New 6-10-20.