Fla. Admin. Code Ann. R. 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; and
3. 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.
Notes
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.
New 6-10-20.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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; and
3. 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.
Notes
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.
New 6-10-20.