Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of Department of Health (the "department")
				  medical marijuana treatment center rules and regulations, the following words
				  and phrases shall have the meanings indicated:
(1) Applicant - An individual or entity that
				meets the requirements of section
				381.986(8)(b),
				F.S., and applies for registration as a medical marijuana treatment center
				pursuant to section 381.986(8)(a),
				F.S., excluding subparagraph 1. and sub-subparagraph 2.a.
(2) Certified Financials - Financial
				statements that have been audited in accordance with Generally Accepted
				Auditing Standards (GAAS) by a Certified Public Accountant, licensed pursuant
				to chapter 473, F.S.
(3)
				Cultivation - The preparation of any soil or other medium for the planting of
				marijuana or the tending and care or harvesting of marijuana intended to be
				dispensed by a medical marijuana treatment center for medical use by a
				qualified patient.
(4) Cultivation
				Authorization - Written notification by the department to a medical marijuana
				treatment center that it may begin cultivating marijuana.
(5) Cultivation Facility - Any area
				designated to be used for cultivation of marijuana.
(6) Derivative Product - Forms of marijuana
				suitable for medical use.
(7)
				Dispensing Authorization - Written notification by the department to a medical
				marijuana treatment center that it may begin dispensing derivative
				product.
(8) Dispensing Facility -
				Any area designated to be accessible by the public and where derivative product
				and marijuana delivery devices will be dispensed at retail.
(9) Employee - Any person whose duties
				involve any aspect of the cultivation, processing, transportation or dispensing
				of marijuana whether or not compensated for the performance of such
				duties.
(10) Financial Statements -
				A presentation of financial data, including accompanying notes, derived from
				accounting records, that purports to show actual or anticipated financial
				position and intended to communicate an entity's economic resources or
				obligations at a point in time, and the results of operations and cash flows
				for a period of time, in accordance with generally accepted accounting
				principles or a comprehensive basis of accounting other than generally accepted
				accounting principles. Financial presentations included in tax returns are not
				financial statements. The method of preparation (for example, manual or
				computer preparation) is not relevant to the definition of a financial
				statement.
(11) Fulfillment and
				Storage Facility - Any area designated, which is not open to the public, to be
				used for order fulfillment, shipping, transportation, or storage of low-THC
				cannabis, medical marijuana, derivative product or marijuana delivery
				devices.
(12) Interests - Any form
				of ownership in or control of an applicant or a medical marijuana treatment
				center, including, but not limited to, ownership of stock, membership
				interests, partnership interests, a sole proprietorship or otherwise which
				convey to the holder thereof an ownership right or an interest in or right to
				the profits, capital, or voting with respect to such applicant or medical
				marijuana treatment center.
(13)
				Majority Ownership - Ownership of more than 50% of the interests of an
				applicant or medical marijuana treatment center, such ownership being
				determined by application of the requirements in subsection (15),
				below.
(14) Manager - Any person
				with the authority, directly or indirectly, to exercise or contribute to the
				operational control, direction or management of an applicant or a medical
				marijuana treatment center or who has direct or indirect authority to supervise
				any employee of an applicant or a medical marijuana treatment center. The term
				shall be interpreted broadly and shall include, but not be limited to, all
				officers, managers, and members of board of directors as well as any other
				person engaged to undertake management or control of the applicant or a medical
				marijuana treatment center or any person or persons in control of an entity
				engaged to undertake management or control of the applicant or medical
				marijuana treatment center.
(15)
				Owner - Any person who, directly or indirectly, owns (actually or beneficially)
				or controls, a 5% or greater share of interests of the applicant or a medical
				marijuana treatment center. In the event that one person owns a beneficial
				right to interests and another person holds the voting rights with respect to
				such interests, then in such case, both shall be considered the owner of such
				interests. In determining the owners of the applicant or a medical marijuana
				treatment center, the attribution of ownership rules set forth in the Treasury
				Regulations cited as 26 CFR 1.414(c)-4(b) and (c) (4-1-17 edition),
				incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09656
,
				shall apply, but with the following exceptions and additions:
(a) The use of the term "option" in 26 CFR
				1.414(c)-4(b) shall be interpreted broadly to include, but not be limited to,
				any and all options, warrants, calls, rights of first refusal and any other
				right to acquire an interest (as defined herein), whether such right is vested
				or unvested and regardless of whether such right is then exercisable or becomes
				exercisable at a future date or upon the occurrence of a future
				event.
(b) The exception for
				attribution of a spouse's interest, as defined in subsection (12), above, and
				as set forth in 26 CFR 1.414(c)-4(b)(5)(ii), shall not apply.
(c) The age limitation contained in 26 CFR
				1.414(c)-4(b)(6) shall apply only to children who have not attained the age of
				18 years. The term "interest" as used in 26 CFR 1.414(c)-4(b)(6) shall have the
				meaning as set forth in subsection (12), above.
(d) In the event that a person under the age
				of 18 owns or is deemed an owner of an interest, such person must be disclosed
				to the department. Persons under the age of 18 shall be required to submit to a
				background screening unless the interest or ownership is imputed to another
				family member or guardian as outlined in paragraph (15)(c), above.
(e) To the extent that the above alterations
				to the provisions of 26 CFR 1.414(c)-4 alter the outcome of any of the examples
				set forth therein, then, in such case, such example does not apply.
(f) As used in 26 CFR 1.414(c)-4(b)(3), the
				term "actuarial interest" shall be interpreted broadly and shall include, but
				not be limited to, the right of a beneficiary of a trust or an estate to
				receive either income or principal distributions with respect to an interest
				held by such trust or estate.
(g)
				With regard to publicly traded companies with ownership interests in the
				applicant, any person who holds 10% or more interest in the publicly traded
				company shall be considered an owner.