1. (1) The following definitions apply to this emergency rule.

   1. (a) “Pigford member” means a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999).
   2. (b) “BFL member” means a recognized class member of In re Black Farmers Litigation, 856 F. Supp. 2d 1 (D.D.C. 2011).
   3. (c) “Pigford/BFL license” means the MMTC license pursuant to section 381.986(8)(a)2.b., F.S.
   4. (d) “Pigford/BFL batching cycle” means the grouping for comparative review of all applications submitted for the one available Pigford/BFL license.
   5. (e) “Application window” means the 5-day period during which the department will accept applications for the Pigford/BFL license, including the date and time upon which the department will begin accepting applications and the deadline (including date and time) for submitting applications.
2. (2) Applications for the Pigford/BFL license will be accepted in a single Pigford/BFL batching cycle. The department will adopt a separate rule that establishes the application window for the Pigford/BFL batching cycle.

3. (3) After the Department’s publication of the application window for the Pigford/BFL batching cycle, a Pigford member or BFL member that desires to apply for the Pigford/BFL license must submit the following during the application window:

   1. (a) An application that complies with this rule and the instructions and requirements contained in Form DH8035-OMMU-10/2021, “Medical Marijuana Treatment Center License Application Instructions, Requirements, and Forms for Pigford/BFL Applicants,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations; and
   2. (b) A non-refundable application fee in the amount of $146,000.
4. (4) Applications for the Pigford/BFL license will be evaluated and scored by evaluators as described in the “Medical Marijuana Treatment Center License Application Instructions, Requirements, and Forms for Pigford/BFL Applicants.” The evaluators will be provided Form DH8036-OMMU-10/2021, “Medical Marijuana Treatment Center Evaluator Instructions Manual for Pigford/BFL Batching Cycle,” incorporated by reference herein and available at https://knowthefactsmmj.com/rules-and-regulations.
5. (5) All applications for the Pigford/BFL license that are submitted during the application window will be part of the Pigford/BFL batching cycle and will not be considered for any other MMTC application batching cycle established by the department.

6. (6) Nothing in this rule prohibits an applicant for the Pigford/BFL license from also applying for any non-Pigford/BFL MMTC license under a separate application rule. However, the same individual or entity may not be awarded more than one MMTC license.

   

   

   

   

Rulemaking Authority Art. X, § 29, Fla. Const., 381.986(8)(b), 381.986(8)(k) FS. Law Implemented Art. X, § 29, Fla. Const., 381.986(8)(a), 381.986(8)(b) FS. History–New 10-13-21.