1. (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. (2) Background Screening Procedures.

   1. (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 DH8048-OMMU-05/2023, “Caregiver Background Screening Acknowledgment and Information,” effective 05/2023, incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19221%20"
      https://flrules.org/Gateway/reference.asp?No=Ref-19221 or at https://knowthefactsmmj.com/rules-and-regulations/. The “Caregiver Background Screening Acknowledgment and Information” form must be signed by the caregiver applicant and submitted to the department via email at MMUR_Applications@FLHealth.gov. The form must be signed and dated prior to the submission of fingerprints to a Livescan Service Provider. If the form is signed and dated after the submission of fingerprints to a Livescan Service Provider, the department will not process the background report.

      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 Department’s Originating Agency Identifier (ORI) number. Applicants may request the department’s ORI number by sending an email to OMMUBGS@FLHealth.gov. If a person’s fingerprints are rejected twice for image quality, the person must 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.

   2. (b) After successful submission of fingerprints or successful compliance with the FBI name check procedure the Florida Department of Law Enforcement (FDLE) will send a background report to the department. The department will not process the background report unless it has received a completed “Caregiver Background Screening Acknowledgment and Information” form from the caregiver applicant, as provided in subparagraph (2)(a)1. If the completed form is not received by the department within six months from the date the fingerprints were submitted to a Livescan Service Provider), the department will not process the background report, the individual must resubmit fingerprints to a Livescan Service Provider pursuant to paragraph (2)(a).
   3. (c) After receipt of the background report, the department may send to the caregiver applicant a request(s) for additional information or clarification necessary to complete the background screening process. After 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.
   4. (d) 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. (3) Fingerprint Retention Fees and Notifications.

   1. (a) A caregiver’s fingerprints will be retained in the Applicant Fingerprint Retention and Notification Program (AFRNP).
   2. (b) The annual fee for participation in the AFRNP is $6.00 per individual fingerprint record. 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 DH8050-OMMU-05/2023, “Fingerprint Retention Fee Payment,” effective 05/2023, incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19222%20"
      https://flrules.org/Gateway/reference.asp?No=Ref-19222 or at https://knowthefactsmmj.com/rules-and-regulations/.
   3. (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.
   4. (d) Failure to remit the annual retention fee on or before the due date provided by the department may 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.
   5. (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. (4) Disclosure of Arrest Reports and Continuing Background Screening.

   1. (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.

   2. (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. (5) An individual who is a close relative of the qualified patient, as defined in section 381.986(1)(b), 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 DH8049-OMMU-05/2023, “Close Relative Acknowledgment Form,” effective 05/2023, incorporated by reference and available at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19223%20"
   https://flrules.org/Gateway/reference.asp?No=Ref-19223 or 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. (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.

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. History – New 5-21-26.