1. (1) Required Background Screening.

   1. (a) No person may serve as an Employee, Owner, or Manager, as those terms are defined in section 381.988, F.S., until the person has passed a level 2 background screening.
   2. (b) A CMTL that allows a person to serve as an employee, owner, or manager before passing background screening will be subject to discipline under this chapter.

2. (2) Background Screening Procedures.

   1. (a) A CMTL or Applicant must request and obtain written notice from the department that a prospective owner, employee, or manager has passed background screening before allowing any such individual to serve as an employee, owner, or manager of the CMTL.
   2. (b) A CMTL or Applicant must request that the department process the prospective employee, owner, or manager’s background report. The request must be submitted by email to OMMUBGS@flhealth.gov and include the full name of the person(s) submitting to background screening together with Form DH5061-OMMU-04/2025 (Eff. 4/2025), “Certified Marijuana Testing Laboratory Background Screening Acknowledgment and Information,” incorporated by reference and available at https://knowthefactsmmj.com/rules-and-regulations and at HYPERLINK "https://flrules.org/Gateway/reference.asp?No=Ref-19585"https://flrules.org/Gateway/reference.asp?No=Ref-19585. Form DH5061-OMMU-04/2025 must be completed, signed, and dated by the prospective employee, owner, or manager prior to the submission of fingerprints. If Form DH5061-OMMU-04/2025 is signed and dated after the submission of fingerprints to the Livescan Provider, the department will not process the background report.
   3. (c) Persons required to undergo background screening 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 ORI number. Prospective employees, owners, and managers 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.
   4. (d) After successful submission of fingerprints or successful compliance with FBI name check procedure, FDLE will send a background report to the department. The department will not process the background screening report unless it has received a request from a CMTL or Applicant pursuant to paragraph (2)(b). If the request is not received by the department within 150 days from the date the prospective employee, owner, or manager submitted fingerprints to a Livescan Service Provider, the department will not process the background report and the individual will be required to resubmit fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c).
   5. (e) After receipt of the background report, the department may issue to the prospective employee, owner, or manager requests for additional information or clarification necessary to complete the background screening process. After assessing the background report and any additional information received from the prospective employee, owner, or manager, the department will issue notice in writing to that individual stating whether the individual has passed background screening. The department will also issue written notice to the CMTL or Applicant advising whether the prospective employee, owner, or manager has passed background screening.
   6. (f) A CMTL must retain, in its records, the written background screening notices from the department for all employees, owners, and managers currently serving the CMTL and must retain the written notices for at least seven (7) years after an employee, owner, or manager is terminated, removed, or otherwise separated from the CMTL. Upon request from the department, the CMTL must provide copies of written notices of background screening for the CMTL’s current employees, owners, or managers. Copies of such notices must be provided within two (2) business days of the department’s request.

3. (3) Fingerprint Retention Fees and Notifications.

   1. (a) The annual fee for participation in the AFRNP is $6.00 per individual fingerprint record retained. There is no fee for the initial year of participation. The CMTL must pay the annual fee for all its active employees, owners, and managers in the AFRNP via a separate payment mailed to the department.
   2. (b) CMTLs must provide written notice to the department within 30 calendar days of the termination or separation of any employee, owner, or manager so that the individual’s fingerprints may be removed from the AFRNP.

   3. (c) The department will provide a CMTL written notice of the AFRNP annual retentions fees the CMTL must pay. Upon receipt of the department’s written notice, a CMTL must confirm the status (i.e., “separated” or “retained”) of its employees, owners, and managers by submitting such confirmation in an Excel file format to the department by email at OMMUBGS@flhealth.gov. The Excel file must contain the following information for each employee, owner, or manager:

      1.Name;

      2. Date of birth;

      3.Fingerprint retention date;

      4. Separated or retained; and

      5. Employment location.

   4. (d) If the department determines that the fingerprints of a CMTL employee, owner, or manager have not been retained in the AFRNP, the employee, owner, or manager must be rescreened in accordance with subsection (2). The department will send written notice to the CMTL informing the CMTL that the employee, owner, or manager must be rescreened pursuant to this rule. The rescreening must be completed within 30 calendar days of the date of the written notice.

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

   1. (a) After becoming aware of the arrest of any CMTL employee, owner, or manager for any of the disqualifying offenses as provided in section 435.04, F.S., or for an offense under Chapters 837, 895, and 896, F.S., or similar law of another jurisdiction, the CMTL must provide written notice to the department. Such notice must be provided to the department within 48 hours of becoming aware of the individual’s arrest and must include the following information:

      1. Name of the arrested individual;

      2. Position or job title of the arrested individual;

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

      4. Date of birth of the arrested individual.

   2. (b) If the department receives an arrest notification concerning a CMTL employee, owner, or manager that makes them ineligible for employment by a CMTL under the requirements of section 381.988, F.S., the department will provide written notice to the CMTL. Within 24 hours of receiving written notice from the department, the CMTL must ensure that such employee, manager, or owner is terminated or removed as an employee, owner, or manager.

Rulemaking Authority Art. X, § 29, Fla. Const., 381.988(3), 381.988(9), 943.05(2)(h)3. FS. Law Implemented Art. X, § 29, Fla. Const., 381.988, 943.05 FS. History–New 5-28-26.