Fla. Admin. Code Ann. R. 64ER23-2 - Caregiver Background Screening and Request for Close Relative Status

(1) Background Screening Requirement. Except as provided in subsection (5) below, individuals applying for a caregiver Medical Marijuana Use Registry (MMUR) identification card must complete a level 2 background screening in accordance with section 381.986(9), F.S., and this rule.

(2) Background Screening Procedures.

(a) Caregiver applicants required to undergo level 2 background screening must comply with the following procedures:

1. A caregiver applicant must submit to the department a completed Form DH8048-OMMU-05/2023, "Caregiver Background Screening Acknowledgment and Information" incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/. The "Caregiver Background Screening Acknowledgment and Information" must be signed by the caregiver applicant and submitted to the department via email at MMUR_Applications@flhealth.gov.

2. A caregiver applicant 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), ATTN: Caregiver.

(b) Once generated, the Florida Department of Law Enforcement (FDLE) will send a background report directly to the department. The department will not process the background report until it receives a completed "Caregiver Background Screening Acknowledgment and Information" from the caregiver applicant, as provided in subparagraph (2)(a)1.

(c) After receipt of the background report, the department may issue to the caregiver applicant request(s) for additional information or clarification necessary to complete the background screening process. Upon assessing the background report and any additional information received from the caregiver applicant, the department will issue notice in writing to the caregiver applicant stating whether the caregiver applicant passed the background screening.

(d) If a caregiver applicant's fingerprints are rejected twice for image quality, the caregiver applicant shall participate in the Federal Bureau of Investigation's (FBI) name check procedure for fingerprint submissions rejected twice due to image quality. The department will notify caregiver applicants if their fingerprints are rejected twice due to image quality and will provide direction regarding the FBI name check procedure.

(e) Upon receipt of notice from the department stating that the caregiver applicant has passed the background screening, the caregiver applicant may apply for a caregiver MMUR identification card, as provided in Rule 64-4.011, F.A.C. Caregiver applicants must pass level 2 background screening before applying for a caregiver MMUR identification card.

(3) Fingerprint Retention Fees and Notifications.

(a) The department will direct the FDLE to enter and retain in the AFRNP the fingerprints of all caregivers required to undergo level 2 background screening.

(b) 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. Caregivers must remit the $6.00 AFRNP retention fee to the department by mail and include with the payment a completed Form DH8050-OMMU-05/2023, "Fingerprint Retention Fee Payment" incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations/.

(c) The department will notify caregivers in writing at least thirty calendar days in advance of the date the annual retention fee is due to the department.

(d) Failure to remit the annual retention fee on or before the due date provided by the department will result in removal of the caregiver's fingerprints from the AFRNP. Upon removal of fingerprints from the AFRNP, a caregiver will be unable to renew their caregiver MMUR identification card in accordance with Rule 64-4.011, F.A.C., and must resubmit to a level 2 background screening as provided in this rule in order to continue serving as a caregiver.

(e) A caregiver must provide notice in writing to the department when the caregiver is no longer serving as a caregiver for a qualified patient so that the caregiver's fingerprints may be removed from the AFRNP.

(4) Disclosure of Arrest Reports and Continuing Background Screening.

(a) Caregivers required to undergo level 2 background screening shall notify the department in writing if the caregiver is arrested for any disqualifying offense enumerated in section 435.04, F.S., or for an offense under Chapter 837, 895, or 896, F.S., or similar law of another jurisdiction. Such notice shall be provided to the department via email to MMUR_Applications@flhealth.gov within 14 calendar days of the caregiver's arrest and shall include the following information:

1. Name of the caregiver;

2. Date of birth of the caregiver; and

3. A copy of the arrest report, if available.

(b) If the department receives any arrest notification concerning a caregiver that renders the caregiver ineligible to serve as a caregiver, the department will send notice in writing to the caregiver revoking the caregiver's MMUR identification card.

(5) An individual who is a close relative of the qualified patient, as defined in section 381.986(1)(a), F.S., is not required to pass a level 2 background screening in order to become a caregiver for the qualified patient. Caregiver applicants seeking to substantiate close relative status must submit a completed Form DH8049-OMMU-05/2023, "Close Relative Acknowledgment Form" incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations. The "Close Relative Acknowledgment Form" must be submitted to the department via email at MMUR_Applications@flhealth.gov, or mailed to P.O. Box 7618, Tallahassee, Florida 32314.

(6) The department will notify the caregiver applicant in writing whether the request for close relative status has been approved or denied. Upon approval of the caregiver applicant's request for close relative status, the caregiver applicant may apply for a caregiver MMUR identification card in accordance with Rule 64-4.011, F.A.C., and without submitting to a level 2 background screening as provided in this rule.

(7) This emergency rule shall take effect on June 12, 2023.

Notes

Fla. Admin. Code Ann. R. 64ER23-2

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(5)(h), 381.986(6)(h), 943.05(2)(h)3. FS. Law Implemented Art. X, § 29, Fla. Const., 381.986(5)(c), 381.986(6)(b), 381.986(9), 943.05(h) FS.

Adopted by Florida Register Volume 49, Number 105, May 31, 2023 effective 6/12/2023.