- (1) The department may conduct announced or unannounced inspections of any CMTL Testing Facility, including any vehicle utilized by a CMTL, to determine compliance with ss. 381.986 and 381.988, F.S. and department rules. All inspections will be initiated during a CMTL’s normal business hours. A CMTL’s refusal to allow entry for inspection is grounds for disciplinary action pursuant to Rule 64-4.315, F.A.C.
- (2) A CMTL must allow department personnel complete, immediate, and unrestricted access to enter, inspect, monitor, and observe all areas and operations of a CMTL Testing Facility, including, without limitation, areas where marijuana, records, or equipment are located, or where CMTL business is conducted, and any vehicles utilized by a CMTL. During an inspection, the CMTL must provide responses to oral inquiries from the department.
- (3) A CMTL must maintain at its Testing Facility all records necessary to substantiate its compliance with ss. 381.986 and 381.988, F.S., and department rules. The CMTL must make such records available to the department for review during any inspection or within two (2) business days of the department’s request for such records.
- (4) If during any inspection, the department identifies any deficiencies or violations of ss. 381.986 or 381.988, F.S., or department rules, the department will send a written notice of violation to the CMTL identifying the deficiencies or violations. The notice of violation may include disciplinary action in accordance with Rule 64-4.315, F.A.C.
- (5) The department may review COAs and Data Packages at any time for completeness, accuracy, and compliance with ss. 381.986 and 381.988, F.S., and department rules. A CMTL must comply with all requests for data pursuant to Rule 64-4.311, F.A.C.
- (6) A CMTL must submit all responses to requests for documents and records by the department electronically by email to OMMUlabs@flhealth.gov or the department’s licensing portal at https://fldohommu.force.com/cmtl. A CMTL may not submit physical copies of documents and records to the department for the purpose of responding to such a request.
- (7) Notwithstanding any disciplinary action included in a notice of violation, within seven (7) calendar days of receipt of a written notice of violation, the CMTL must provide the department a written corrective action plan to resolve the identified deficiencies or violation(s) pursuant to subsection 64-4.315(4), F.A.C.
- (8) Upon review of the corrective action plan by the department, the CMTL may be required to take specific additional action to cure the deficiencies or violations in the timeframe required by the department. The CMTL must comply with and perform all such additional steps as directed by the department.
- (9) Notwithstanding any corrective action taken by a CMTL, the department may take disciplinary action against the CMTL in accordance with s. 381.988(8), F.S., and Rule 64-4.315, F.A.C.
- (10) A CMTL is subject to additional inspections, including but not limited to data audits, by the department to confirm that the deficiency or violation has been resolved and that the corrective action plan has been implemented.
- (11) A CMTL’s failure to resolve any deficiencies or violations identified during an inspection in the timeframe required by the department or specified in a corrective action plan is an additional ground for disciplinary action pursuant to s. 381.988(8), F.S., and Rule 64-4.315, F.A.C.
Rulemaking Authority Art. X, § 29, Fla. Const., 381.988(3), 381.988(9) FS. Law Implemented Art. X, § 29, Fla. Const., 381.988 FS. History-New 5-28-26.