filing # 95112608 e-filed 09/03/2019 03:52:53 pm record on … · 2019-09-03 · filing # 95112608...

RECORD ON APPEAL

STATE OF FLORIDA DEPARTMENT OF HEALTH

LOUIS DEL FAVERO ORCHIDS, INC., DCA CASE NO.: 1D19-1782

DOH CASE NO.: 2019-0047

Appellant,

vs.

FLORIDA DEPARTMENT OF HEALTH, AN

EXECUTIVE BRANCH AGENCY OF THE

STATE OF FLORIDA AND REDLAND

NURSERY, INC.

Appellees.

Filing # 95112608 E-Filed 09/03/2019 03:52:53 PM

RE

CE

IVE

D, 0

9/03

/201

9 03

:53:

35 P

M, C

lerk

, Fir

st D

istr

ict C

ourt

of

App

eal

LOUIS DEL FAVERO ORCHIDS, INC.

INDEX

DATED DESCRIPTION PAGE Nov 23, 2015 Agency Action – Denial of Low-THC 4 Cannabis Application Mar 7, 2018 Petition for Formal Administrative Hearing 5 (filed) Mar 27, 2019 Phillip Rucks Citrus Nursery Inc's Motion to Intervene 31 (filed) Apr 17, 2019 Redland Nursery, Inc.'s Notice of Voluntary Dismissal 45 (filed) with Prejudice Apr 19, 2019 Agency Final Order 47 (filed) May 15, 2019 Notice of Administrative Appeal 87 (filed)

LOUIS DEL FAVERO ORCHIDS, INC.

PROGRESS DOCKET Nov 23, 2015 Agency Action – Denial of Low-THC Cannabis Application Mar 7, 2018 Petition for Formal Administrative Hearing Mar 27, 2019 Phillip Rucks Citrus Nursery Inc's Motion to Intervene Apr 17, 2019 Redland Nursery, Inc.'s Notice of Voluntary Dismissal with Prejudice Apr 19, 2019 Agency Final Order May 15, 2019 Notice of Administrative Appeal

STATE OF FLORIDA DEPARTMENT OF HEALTH

LOUIS DEL FAVERO ORCHIDS, INC., Petitioner/Appellant. Lower Tribunal Case Nos.: DOH No. 2019-0047 v. FLORIDA DEPARTMENT OF HEALTH, an executive branch agency of the State of Florida and REDLAND NURSERY, INC., Respondents/Appellees. /

NOTICE OF ADMINISTRATIVE APPEAL NOTICE IS GIVEN that Louis Del Favero Orchids, Inc.,

Petitioner/Appellant, appeals to the First District Court of Appeal, the Final Order

of the Appellee, Florida Department of Health ("Department") rendered April 19,

2019. A conformed copy of the Final Order is attached as Exhibit "A". The nature

of the order appealed is a Final Order of the Department enforcing a Joint

Settlement Agreement between the Department and Redland Nursery, Inc., which

licenses Redland Nursery, Inc. as a Medical Marijuana Treatment Center, pursuant

to section 381.986(8)(a), Florida Statutes.

Respectfully submitted on May 15, 2019.

Filing # 89536892 E-Filed 05/15/2019 08:52:21 AM

RE

CE

IVE

D, 0

5/15

/201

9 08

:53:

30 A

M, C

lerk

, Fir

st D

istr

ict C

ourt

of

App

eal

087

2

PARKER, HUDSON, RAINER, & DOBBS, LLP

/s/ Seann M. Frazier Seann M. Frazier Fla. Bar No. 971200 Email: [email protected] Marc Ito Fla. Bar No. 61463 Email: [email protected] Kristen Bond Fla. Bar No. 118579 Email: [email protected] Parker, Hudson, Rainer & Dobbs, LLP 215 South Monroe Street, Suite 750 Tallahassee Florida 32301 (850) 681-0191 Counsel for Louis Del Favero Orchids, Inc.

088

3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 15th day of May, 2019, a copy of the

foregoing Notice of Administrative Appeal has been hand delivered to the Agency

Clerk, Office of the General Counsel, Florida Department of Health, 2585

Merchants Row Blvd, Suite 110, Tallahassee, FL 32399, and a second copy along

with the filing fee has been filed with the First District Court of Appeal, 2000

Drayton Drive, Tallahassee, FL 32399-0950, with a copy furnished via e-mail to:

John Lockwood Thomas J. Morton The Lockwood Law Firm 106 East College Avenue, Suite 810 Tallahassee, Florida 32301 John @lockwoodlawfirm.com TJ @lockwoodlawfirm.com Counsel for Redland Nursery, Inc. J. Stephen Menton Stephen A. Ecenia Tana D. Storey Rutledge Ecenia, P.A. 119 South Monroe Street, Suite 202 Tallahassee, Florida 32301 [email protected] [email protected]; [email protected] Counsel for Redland Nursery, Inc.

089

4

Eduardo S. Lombard Radey Law Firm 301 S. Bronough Street, Suite 200 Tallahassee, Florida 32301 [email protected] Counsel for Respondent Department of Health /s/ Seann M. Frazier

Fla. Bar No. 971200

090

EXHIBIT "A"

091

I -4TFREALTPSTATE OF FLORIDA

DEPARTMENT OF HEALTH 19 PM L: L9

r'r' 'r ri r;vLu u... orREDLAND NURSERY, INC.

Petitioner,v. DOH Case No.: 2019-0047

DEPARTMENT OF HEALTH,

Respondent,

FINAL ORDER

This matter comes before the Department for consideration of a Joint Settlement

Agreement and Petitioner Redland Nursery, Inc.'s voluntary dismissal. On March 7,

2019, Petitioner filed a petition seeking licensure as a medical marijuana treatment

center. On April 16, 2019, the parties entered into a Joint Settlement Agreement, which

is attached as Exhibit A to this Final Order and incorporated by reference. On April 17,

2019, Petitioner filed a voluntary dismissal with prejudice. The Department has issued a

letter, which is attached Exhibit B and incorporated by reference, licensing Redland

Nursery, Inc. as a medical marijuana treatment center.

Based on the foregoing, the Petition is hereby dismissed with prejudice. This

matter is closed.

092

DONE AND ORDERED in Tallahassee, Leon County, Florida this Pt day of April

2019.

By:%4jMi ele TallentDeputy Secretary for OperationsFlorida Department of Health

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY ADVERSELY AFFECTED BY THIS ORDER IS ENTITLED TOJUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OFAPPELLATE PROCEDURE. A REVIEW PROCEEDING IS INITIATED BYFILING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENTOF HEALTH AND A COPY ACCOMPANIED BY THE FILING FEE WITH THEDISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THEPARTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THENOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE FILINGDATE OF THIS ORDER.

Copies furnished to:

John Lockwood, EsquireThomas J. Morton, EsquireThe Lockwood Law FirmSuite 8ioio6 East College AvenueTallahassee, Florida [email protected]@jlockwoodlawfirm.com

J. Stephen MentonStephen A. EceniaTana D. StoreyRutledge Ecenia, P.A.119 South Monroe Street, Suite 202Tallahassee, Florida [email protected]@rutledge-ecenia.comtana@rutledge-ecenia. corn

Eduardo Lombard, EsquireRadey Law Firm301 S. Bronough StreetSuite 200Tallahassee, Florida [email protected]

2

093

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been

sent by electronic mail, regular U.S. mail, and/or by inter -office mail to each of the above -

named persons this \q day of April 2019.

Agency ClerkDepartment of Health4052 Bald Cypress Way, BIN A -o2Tallahassee, Florida 32399-1703

3

094

STATE OF FLORIDADEPARTMENT OF HEALTH

SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, iNC., TREE KING -TREEFARM, iNC., PERKINS NURSERY, iNC.,BILL'S NURSERY, INC., DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,

vs.

FLORIDA DEPARTMENT OF HEALTh,an executive branch agency ofthe State of Florida,

Respondent.

DOH Case Nos.

JOINT SETTLEMENT AGREEMENT

2018-01722018-01732018-01742018-01882018-01902018-01972019-00472019-0076

iit1\THiS SETTLEMENT AGREEMENT (the "Agreement") is entered into this J day of

April, 2019, by and between Petitioner Spring Oaks Greenhouses. Inc. ("Spring Oaks"), RedlandNursery, Inc. ("Redland"), Dewar Nurseries, Inc. ("Dewar"), Tree King -Tree Farm, Inc. ("TreeKing"), Perkins Nursery, Inc. ("Perkins"), Bill's Nursery, Inc. ("Bill's), DeLeon's Bromeliads,Inc. ("DeLeon's), Hart's Plant Nursery, Inc. ("Hart's") (individually the "Petitioner" orcollectively the "Petitioners"), and Respondent, State of Florida Department of Health("Department" or "DOH")(each a "Party" and together, the "Parties").

PREMISES

WHEREAS, Spring Oaks timely filed with the Department its application to become aDispensing Organization in the Central Region of Florida pursuant to section 381.986, FloridaStatutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Spring Oaks' applicationalong with other applicants in the Central Region;

WHEREAS, Spring Oaks did not receive the highest score in the Central Region and theDepartment denied Spring Oaks' application;

Page lof 10 EXHIBIT

095

Joint Settlement Agreement2018-0172, 2018-0173, 2018-0174,2018-0188, 2018-0190, 2018-0197,2019-0047,2019-0076

WHEREAS, Redland timely filed with the Department its application to become aDispensing Organization in the Central and the Southeast Regions of Florida pursuant to section381.986, Florida Statutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Redland's applications alongwith other applicants in the Central and Southeast Regions;

WHEREAS, Redland did not receive the highest score in the Central or Southeast Regionsand the Department denied Redland's applications;

WhEREAS, Dewar timely filed with the Department its application to become aDispensing Organization in the Central Region of Florida pursuant to section 381.986, FloridaStatutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Dewar's application alongwith other applicants in the Central Region;

WHEREAS, Dewar did not receive the highest score in the Central Region and theDepartment denied Dewar's application;

WHEREAS, Tree King timely filed with the Department its application to become aDispensing Organization in the Northwest Region of Florida pursuant to section 381.986, FloridaStatutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Tree King's applicationalong with other applicants in the Northwest Region;

WHEREAS, Tree King did not receive the highest score in the Northwest Region and theDepartment denied Tree King's application;

WHEREAS, Perkins timely filed with the Department its application to become aDispensing Organization in the Southwest Region ofFlorida pursuant to section 381.986, Florida

Statutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Perkins' application alongwith other applicants in the Southwest Region;

WHEREAS, Perkins did not receive the highest score in the Southwest Region and theDepartment denied Perkins' application;

WHEREAS, Bill's timely ified with the Department its application to become a DispensingQrgauization in the Northeast and Southeast Regions of Florida pursuant to section 381.986,Florida Statutes (2015);

Page 2 of 10

096

Joint Settlement Agreement2018-0172,2018-0173,2018-0174,2018-0188,2018-0190,2018-0197,2019-0047,2019-0076

WHEREAS, the Department reviewed, evaluated, and scored Bill's application along withother applicants in the Northeast and Southeast Regions;

WhEREAS, Bill's did not receive the highest score in the Northeast or Southeast Regionsand the Department denied Bill's applications;

WHEREAS, DeLcon's timely filed with the Department its application to become aDispensing Organization in the Central Region of Florida pursuant to section 381.986, FloridaStatutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored DeLeon's application alongwith other applicants in the Central Region;

WHEREAS, DeLeon's did not receive the highest score in the Central Region and theDepartment denied DeLeon's application;

WHEREAS, Hart's timely ified with the Department its application to become aDispensing Organization in the Northeast and Northwest Regions of Florida pursuant to section381.986, Florida Statutes (2015);

WHEREAS, the Department reviewed, evaluated, and scored Hart's application along withother applicants in the Northeast and Northwest Regions;

WHEREAS, Hart's did not receive the highest score in the Northeast or Northwest Regionand the Department denied Hart's application;

WHEREAS, the Florida Legislature enacted Senate Bill 8-A ("SB 8-A") on June 9, 2017,to implement Section 29, Article X of the Florida Constitution;

WHEREAS, SB 8-A amended section 381.986, Florida Statutes, in relevant part, to requirethe Department to issue medical marijuana treatment center licenses to certain applicants who weredenied a license under the previous statutory scheme;

WHEREAS, the Governor of Florida signed SB 8-A into law on June 23, 2017;

WHEREAS, Spring Oaks requested a license pursuant to SB 8-A, which the Departmentdenied on July 27,2018;

WHEREAS, on July 30, 2018, Spring Oaks filed .a Petition for Formal AdministrativeHearing and Determination Regarding Unadopted Rule (DOAH Case No. 18-4471) challenging:(i) the Department's denial of Spring Oaks' request for a license pursuant to SB 8-A and (ii) theDepartment's alleged reliance on certain statements alleged to be unadopted rules (collectively,the "Spring Oaks Challenge");

Page 3 of 10

097

Joint Settlement Agreement:2018_0172, 2018-0173,2018-0174,2018-0188,2018-0190,2018-0197,2019-0047,2019-0076

WHEREAS, Redland requested a license pursuant to SB 8-A, which the Departmentdenied on March 5, 2019;

WHEREAS, on March 8, 2019, Redland filed a Petition for Formal Administrative Hearingchallenging: (I) the Department's denial of Redland's request for a license pursuant to SB 8-A and(ii) the Department's alleged reliance on certain statements alleged to be unadopted rules(collectively, the "Redland Challenge");'

WHEREAS, Dewar requested a license pursuant to SB 8-A, which the Department deniedon July 26,2018;

WHEREAS, on August 15, 2018, Dewar filed a Petition for Formal AdministrativeHearing and Administrative Determination Regarding Unadopted Rules (DOAH Case No. 18-4463) challenging: (i) the Department's denial of Dewar's request for a license pursuant to SB 8-A and (ii) the Department's alleged reliance on certain statements alleged to be unadopted rules(collectively, the "Dewar Challenge");

WHEREAS, Tree King requested a license pursuant to SB 8-A, which the Departmentdenied on July 31, 2018;

WHEREAS, on August 21, 2018, Tree King filed a Petition for Formal AdministrativeHearing and Administrative Determination Regarding Unadopted Rule (DOAR Case No. 18-:4472) challenging: (1) the Department's denial of Tree King's request fora license pursuant to SB8-A and (ii) the Department's alleged reliance on certain statements alleged to be unadopted rules(collectively, the "Tree King Challenge");

WHEREAS, Perkins requested a license pursuant to SB 8-A, which the Department deniedon July 13, 2018;

WHEREAS, on August 2, 2018, Perkins filed a Petition for Formal Administrative Hearing(DOAH Case No. 18-4473) challenging: (i) the Department's denial of Perkins' request for alicense pursuant to SB 8-A and (ii) the Department's alleged reliance on certain statements allegedto be unadopted rules (collectively, the "Perkins Challenge");

WHEREAS, Bill's requested a license pursuant to SB 8-A, which the Department deniedoniuly 13, 2018;

WHEREAS, on August 1,2018, Bifi's filed a Petition for Administrative Hearing (DOAHCase No. 18-4474) challenging: (i) the Department's denial of Bill's request for a license pursuantto SB 8-A and (ii) the Department's alleged reliance on certain statements alleged to be unadoptedrules (collectively, the "Bill's Challenge");

'The Department has not referred the Redland Challenge to the Division of Administrative Hearings for a case numberassignment.

Page 4 of 10

098

Joint Settlement Agreement2018-0172,2018-0173,2018-0174,2018-0188, 2018-0190, 20 18-0197,2019-0047,2019-0076

WHEREAS, DeLeon's requested a license pursuant to SB 8-A;

WHEREAS, on August 31, 2018, DeLeon's filed a Petition for Formal AdministrativeHearing (DOAH Case No. 18-4698) challenging: (i) the Department's anticipated denial ofDeLeon's request for a license pursuant to SB 8-A and (ii) the Department's alleged reliance oncertain statements alleged to be unadopted rules (collectively, the "DeLeon Challenge");

WHEREAS, Hart's requested a license pursuant to SB 8-A, which the Department deniedon March 28, 2019;

WHEREAS, on March 28, 2019, Hart's filed a Petition for Administrative Hearingchallenging: (i) the Department's denial of Hart's request for a license pursuant to SB 8-A and (ii)the Department's alleged reliance on certain statements alleged to be unadopted rules (collectively,the "Hart's Challenge");2

WHEREAS, the Petitioners intend to provide enhanced patient access by locating apercentage of dispensaries within impoverished communities and rural areas that have beenadversely affected by extraordinary economic events or natural disasters;

WHEREAS, the Petitioners intend to impose owner, manager, and employee backgroundscreening requirements more stringent than required under existing Florida law;

WHEREAS, the Petitioners will adopt security and anti -diversion policies that are morestringent than required under existing Florida law, including applying security standards to eachdispensary that are comparable to 12 C.F.R. 326.3 (2018);

WHEREAS, the Parties desire to resolve the disputes between them and therefore intendto enter into this Agreement to approve the Petitioners to serve as medical marijuana treatmentcenters under applicable laws; agree that the Petitioners have a colorable claim alleging that theyqualify as medical marijuana treatment centers under section 381 .986(8)(a), Florida Statutes(2018); and agree that the Department shall license each of the Petitioners as medical marijuanatreatment centers.

NOW THEREFORE, in consideration of the mutual promises of the Parties, the sufficiencyof which is acknowledged, the Parties agree as follows:

1. The Premises above are hereby incorporated into this Agreement, as if fully setforth herein.

2. The Parties intend and do hereby agree as follows:

The Department has not referred the Hart's Challenge to the Division of Adrnixñsirative Hearings for a case numberassignment.

PageS of 10

099

Joint Settlement Agreement2018-0172,2018-0173, 2018-0174,2018-0188, 2018-0190, 2018-0197,2019-0047,2019-0076

(a) The Petitioners certify via separate affidavit, attached as exhibits herein, tothe Department that each individually:

(i) Meets the requirements under current law to be licensed as a medicalmarijuana treatment center;

(ii) Has the existing infrastructure and technological ability to begincultivating within thirty (30) days after licensure as a medicalmarijuana treatment center; and

(iii) Will ensure that, in addition to the background screeningrequirements imposed by section 381.986, Florida Statutes, noowner, manager or employee has an arrest awaiting final dispositionfor, has been found guilty of, regardiless of adjudication, or hasentered a plea of nob contendere or guilty to an offense which is afelony or crime punishable by imprisonment for more than one yearin this state or any other jurisdiction.

(b) Within 2 business days of execution of this Agreement, each Petitioner mustfile a voluntarily dismissal with prejudice of their respective petitions.Within ten business days after voluntary dismissal by all parties, theDepartment will enter a Final Order in the Spring Oaks Challenge, RedlandChallenge, Dewar Challenge, Tree King Challenge, Perkins Challenge,Bill's Challenge, DeLeon's Challenge, and Hart's Challenge (collectivelythe "License Proceedings"): (1) adopting and incorporating this Agreementand (2) licensing each of the Petitioners as a medical marijuana treatmentcenter. Each Petitioner stipulate to entry of such Final Orders and waivesany right to appeal such Final Order. The Final Order will be consistent withthe terms and obligations of this Agreement.

(c) The Parties will each bear their own costs, expenses, and attorneys' feesrelating in any way with the License Proceedings, any litigation associatedwith those proceedings, and this Agreement.

(d) Within ten (10) calendar days after the Department licenses the Petitionersas medical marijuana treatment centers, each Petitioner will:

(i) post a $5 million performance bond issued by an authorized suretyinsurance company rated in one of the three highest rating categoriesby a nationally recognized rating service; or

(ii) provide an irrevocable letter of credit of $5 million payable to theDepartment; or

(iii) provide $5 million cash to the Department.

Page 6 of 10

100

Joint Settlement Agreement2018-0172, 2018-0173, 2018-0174,2018-0188,2018-0190,2018-0197,2019-0047,2019-0076

The Parties agree that the failure of any Petitioner to timely post the bondor provide a letter of credit will result in the revocation of such Petitioner'slicense.

(e) Within ten (10) calendar days after the Department licenses each of thePetitioners as a medical marijuana treatment center, each Petitioner willsubmit a variance to its filed application in accordance with section381.986(8)(e), Florida Statutes (2018), with a written plan to:

(i) locate at least 10 percent of dispensing facilities within: (1) zip codesthat are 50 percent below the state median income level, or (2) ruralareas of opportunity as defined by section 288.0656(2)(d), FloridaStatutes (2018), no later than one year after receiving dispensingauthorization;

(ii) adopt security standards for each dispensary that are comparable to12 C.F.R. 326.3 (2018);

(iii) counsel all patients on the safe storage of, and non -sharing ofmedical marijuana

(iv) counsel all patients on taking medical marijuana as instructed,including providing patients with definitions of diversion andmisuse with examples;

(v) require all cultivation and processing employees to wear pocketlesscoveralls over their clothes while in the cultivation and processingfacilities;

(vi) contract with a third party entity to conduct annual audits of its SOPsregarding the transfer and tracking of medical marijuana, and toreport the audit results to the Department within 30 days of eachaudits completion;

(vii) designate a chief audit officer responsible for anti -diversioncompliance;

(viii) allow only authorized employees to order medical marijuana fromthe Petitioner's storage or processing facilities for transfer to thedispensing facilities;

(ix) require at least two dispensing facility employees to receive anyshipment of medical marijuana from a storage or processingfacility;

Page 7 of 10

101

Joint Settlement Agreement

2018-0172,2018-0173,2018-0174,

2018-0188, 2018-0190,2018-0197,

2019-0047,2019-0076

(x) conduct monthly physical audits of all medical marijuanainventory in each dispensing facility;

(xi) require dispensing facility employees to inspect product packagingfor integrity when inventoried and before dispensing; and

(xii) secure any waste container in a dispensing facility that containsusable medical marijuana to prevent tampering.

(xiii) upon request, promptly provide reasonable assistance to lawenforcement investigations of potential diversion andl orsuspicious circumstances involving Petitioner's medical marijuana,subject to and without waiving any applicable privilege objections.

3. Thirty (30) days or less after its licensure as a medical marijuana treatment center,each Petitioner shall request cultivation authorization from the Department. If any Petitioner failsto request cultivation authority within 30 days or less of licensure, the Petitioner shall be givennotice by the Department of a 10 calendar days cure period. After having been provided notice, ifPetitioner does not timely cure its failure to request cultivation authorization, the Department willproceed with license revocation procedures. The Petitioners will at all times maintain compliancewith all applicable laws, rules, and regulations.

4. This Agreement constitutes the entire Agreement between the Parties with regardto the License Proceedings and the award of licenses to the Petitioners to become a medicalmarijuana treatment centers. The parties intend that this Agreement be binding and enforceable.

5. Any action arising from or relating to the Agreement will be litigated exclusivelyin the Leon County, Florida, Circuit Court. The Parties submit to the personal jurisdiction of thatcourt; waive any objection to the convenience of that forum; and agree that such court willconstitute the exclusive and mandatory venue and jurisdiction. The Parties expressly waive anyright to trial by jury.

6. This Agreement shall inure to the benefit of and be binding upon each Party,including each Party's successors, assigns, Agency head, and administrators, and shall beenforceable against them. This Agreement is not assignable or delegable.

7. This Agreement, including any exhibits, constitutes the entire agreement betweenthe Parties concerning all matters that could have been raised in the License Proceedings andassociated litigation. This Agreement supersedes any prior discussions, agreements, orunderstandings between the Parties. There are no promises, representations, or agreementsbetween the Parties other than as set forth herein.

8. The Petitioners understand and agree that their respective dismissals with prejudiceare final and are not affected by possible challenges to this Agreement. The Petitioners expressly

PageS of 10

102


2018-0172,2018-0173,2018-0174,

2018-0188, 2018-0190,2018-0197,

2019-0047,2019-0076

waive their right to: (1) any proceedings pursuant to chapter 120, Florida Statutes (2018); (2) anymaking of findings of fact and conclusions of law by the Department; and (3) all further and otherproceedings, whether administrative or judicial, to which the Petitioners may have been or may beotherwise entitled any law or rules, relating to the License Proceedings. However, if any personfiles an action or proceeding that attempts to challenge or contest the validity of this Agreement orthe validity of any final order(s) adopting this Agreement, the Petitioners each must intervene inany such proceeding to defend the validity of this Agreement and the final order(s).

9. This Agreement is and shall be deemed jointly drafted and written by the Partiesand shall not be construed or interpreted for or against any Party as the author.

10. The Agreement represents the compromise of disputed claims by and between theParties. Neither the execution nor performance of the Agreement nor any of its terms or provisionswill be deemed a presumption, concession, or admission of any fact, liability, fault, or wrongdoingof any kind by any Party relating to license applications, the License Proceedings, or any othermatter.

11. The Parties do not intend to and do not create or convey any rights enforceable byany third persons not a party to this Agreement.

12. This Agreement shall be in full force and effect upon execution by each of therespective Parties' authorized signatories, and effective on the date of the last or final signature.

13. This Agreement may be executed in counterparts.

14. No modification or waiver of any provision of this Agreement shall be valid unlessa written amendment to the Agreement is completed and properly executed by the parties.

15. The Petitioners fully understand that if the facts relating to the LicensureProceedings and this Agreement, including those contained in the Recitals, are later found to bedifferent from the facts they now believe to be true, they expressly accept and assume the risk ofany differences, regardless of any reason for such differences, and agree that the Agreement willremain in effect and not be subject to termination or rescission because of such differences

16. The terms of the Agreement are divisible. If any provision, term, portion, orlanguage of the Agreement contravenes or is rendered unenforceable by any constitution, statute,rule, judicial or administrative decision, regulation, or other law, all remaining provisions, terms,portions, and language will remain in full force and effect.

17. The Parties individually represent and warrant that (i) the Parties are representedby separate and independent counsel relating to the license applications, the License Proceedings,and the Agreement; (ii) the Parties and their respective counsel have reviewed the Agreement andall matters contemplated within it; (iii) the Parties have been advised fully by their respectivecounsel concerning the Parties' respective rights and duties; and (iv) the Parties are aware that theAgreement releases both known and unknown claims and rights.

Page 9 of 10

103

Joint Settlemern Agreement2018-0172, 2018-0173, 2018-0174.2018-0188, 2018-0190, 2018-0197,2019-0047, 20 19-0076

SPRING OAKS GREENHOJSES, INC. FLORIDA DEPARTMENT OF HEALTH

By: By:_______________________

Title: Owner/President Title:Date:________ Date:___________________________

REDLAND NURSERY, INC. DEWAR NURSERIES, INC.

By:___________________________ By:__________________________

Title: Owner/President Title:Date: Date:__________________________

TREE KING -TREE FARM, INC. PERKINS NURSERY, INC.

By:____________________________ By:___________________________

Title: Owner/President Title:Date:____________________________ Date:___________________________

BILL'S NURSERY, INC. DELEON'S BROMELIADS, INC.

By:____________________________ By:___________________________

Title: Owner/President Title:Date:______________________________ Date:____________________________

HART'S PLANT NURSERY, INC.

13y:_

Title:Date:

Page 10 of 10

104

Joint Settlement Agreement2018-0172, 2018-0173, 2018-0174,2018-0188, 2018-0190, 2018-0197,2019-0047, 20 19-0076

SPRING OAKS GREENHOUSES, INC.

By:

Title: Owner/PresidentDate:

REDLAND NURSERY, INC.

By: ;' (D -

Title: Owner/PresidentDate: H / I I /

TREE KING -TREE FARM, INC.

By:


BILL'S NURSERY, INC.

By:



By:

Title:Date:

FLORIDA DEPARTMENT OF HEALTH

By:

Title:Date:

DEWAR NURSERIES, INC.

By:

Title:Date:

PERKINS NURSERY, INC.

By:

Title:Date:

Title:Date:

Page 10 of 10

DELEON'S BROMELIADS, INC.

105


2018-0172,2018-0173,2018-0174,

2018-0188,2018-0190,2018-0197,

2019-0047,2019-0076


By:



By:


TREE KiNG-TREE FARM, INC.



By:



By:

Title:Date:

FLORIDA DEPARTMENT OF HEALTh

By:

Title:Date:

DEWAR NURSERIES INC

By:

Title: A+4ocr 4s4sztJ s411Date: Apr' Itj 0g

PERKiNS NURSERY, INC.

By:

Title:Date:

By:

Title:Date:

Page 10 of 10


106

Joint Seule&ncnt Agicement

2018-0172,2018-0173,2018-0174,

20184)188,2018-0190,2018-0197,

2019-0047,2019-0076

their respective counsel concerning the Parties' respective tights and duties; and (iv) the Partiesare aware that the Agreement releases both known and unknown claims and rights.

SPRING OAKS GREENHOUSES, INC. FLORIDA DEPARTMENT OF HEALTH

By:___________________________ By:



By:



By

Title: OwneIPresident Title:Date:' -// Date:___________________


By:

Title: Owner/President Title:Date:_____________________________ Date:____________________________


By-.

Title:Date:_____

Page 10 of 10

107


2018-0172, 2018-0173, 2018-0174,

2018-0188,2018-0190, 2018-0197,

2019-0047,2019-0076

SPRiNG OAKS GREENHOUSES, INC. FLORIDA DEPARTMENT OF HEALTH

By:_____________________________ By:____________________________

Title: Owner/President Title:Date:_______________________________ Date:_____________


By:___________________________ By:_______________________

Title: Owner/President Title:Date: Date:


BY:e,T1_Title: Owner/President TitiDate:__________________________ Date:I4/hl


By: By:_________________________

Title: Owner/President Title:Date:_____________ Date:____________________________

HART'S PLANT NURSERY, iNC.

By:_

Title:Date:

Page 10 of 10

108

joint Settlement Agreement2018-0172, 2018-0173, 2018-0174,2018-0188, 2018-0190, 2018-0197,20 19-0047, 2019-0076

SPRING OAKS GREENHOUSES, INC

By:



By:



By:_______________________

Title: Owner/PresidentDate:_____________________________

Title:Owncr/Prc3idcnt )CounseijDate:_4_jII/1


By:

Title:Date:


By:

Title:Date:

By:

Title:Date:

DEWAR NURSERIES, INC.


By:

Title:Date:


By:_

Title:Date:

Page 10 of 10

109


2018-0172,2018-0173, 201g-0174,

2018-0188, 2018-0190, 2018-0197,

2019-0047,2019-0076

their respective counsel concerning the Parties' respective rights and duties; and (iv) the Partiesare aware that the Agreement releases both known and unknown claims and rights




By:



By:


BILL'S NURSERY, iNC.



By:_

Title:Date:


By:_

Title:Date:

DEWAR NURSERIES, iNC.

By:

Title:Date:


By:

Title:Date:

DELEON'S BROMELIADS, INC.ByjTitle:Date:

Page 10 of 10

110

Joini Settlement Agreenient

2018-0172, 2018-0173, 2018-0174,

2018-0188,2018-0190, 2018-0197.

2019-0047,2019-0076

SPRING OAKS GREENHOUSES, iNC

By:


REDLAr'4D NURSERY, INC.

By:



By:



By:


HART'S PLANT NURSERY, INC

By2 --

Title: /'lDate.


By:

Title:Date:

DEW AR NURSERIES, INC.

By:

Title:Date:

PERKINS NURSERY, INC.By:.Title:Date:


By:

Title:Date:

Page 10 of 10

111

Joint Settlement Agreement2018-0172, 2018-0173, 2018-0174,2018-0188, 2018-0190, 2018-0197,2019-0047,2019-0076


By:


REDLAND NURSERY, iNC.

By:____________________________ By:_

Title: Owner/President Title:Date: Date:


By:



By:



By:_

Title:Date:

'H

DEWAR NURSERIES, iNC.


By:

Title:Date:


By:_

Title:Date:

Page 10 of 10

112

STATE OF FLORiDADEPARTMENT OF HEALTH

SPRiNG OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, iNC.,BILL'S NURSERY, INC., DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,

vs.

FLORIDA DEPARTMENT OF HEALTH,an executive branch agency ofthe State of Florida.

Respondent.

I

DOH Case Nos.

AFFIDAVIT OF STANLEY W. HARRIS ON BEHALF OFSPRING OAKS GREENHOUSES INC.

2018-01722018-01732018-01742018-0188201 8-01902018-019720 19-004720 19-0076

BEFORE ME, the undersigned authority, this day personally appeared Stanley W.

Harris, who by me first being duly sworn and deposed says:

1. 1 am over eighteen (18) years of age and am competent to testify as to the matters

contained herein. I have personal knowledge of the matters stated herein.

2. 1 am the President of Spring Oaks Greenhouses, Inc., whose principal office is

located at 17323 Lake Street, Umatilla, Florida 32784.

Inc.

3. I am authorized to submit this affidavit on behalf of Spring Oaks Greenhouses,

4. On behalf of Spring Oaks Greenhouses, Inc., I hereby certify that Spring Oaks

Greenhouses, Inc.:

113

i) Meets the requirements under current law to be licensed as a medical

marijuana treatment center;

(ii) Has the existing infrastructure and technological ability to begin

cultivating within thirty (30) days after licensure as a medical marijuana

treatment center; and

(iii) Will ensure that, in addition to the background screening requirements

imposed by section 381.986, Florida Statutes, no owner, manager or

employee has an arrest awaiting final disposition for, has been found

guilty of, regardless of adjudication, or has entered a plea of nob

contendere or guilty to an offense which is a felony or crime punishable

by imprisonment for more than one year in this state or any other

jurisdiction.

5. 1 declare under penalty of perjury under the laws of the State of Florida that the

foregoing is true and correct. Executed on this day of April, 2019.

-.-'7_-

/ 7. ,_-_.__L- t i1Stanley W. Jiahi

PresidentSpring Oaks Greenhouses; inc.

STATE OF FLORIDA

COUNTY OF (..

Sworn to and subscribed before me this .. day of April, 2019, by Stanley W. Harriswho is personally known to me or provided _____ A'___)y________L as identification

JNNIFR RYANNotary Public . State of Florida

Commission 4' GO 015444

.HI'F My Comm. Expires Jul25. 2020

NQTARY P.IBLIC

[Print, type, or stamp commissioned nameof notary or clerk.]

9

114


SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, iNC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC.. DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,DON Case Nos.

FLORIDA DEPARTMENT OF HEALTH.an executive branch agency of

the State of Florida,

Respondent.

AFFIDAVIT OF JEFFREY DEMOTF ON BEHALF OFREDLAND NURSERY. INC.

2018-01722018-01732018-01742018-01882018-01902018-01972019-00472019-0076

BEFORE ME, the undersigned authonty, this day personally appeared Jefficy DeMon.

who by me first being duly sworn and deposed says:

I am over eighteen (18) years ofage and am competent to testify as to the matters

contained herein. 1 have personal knowledge of the matters stated herein.

2. 1 am the President of Redland Nursery, Inc., whose principal office is located at

18455 S.W. 264th Street, Homestead. Florida 33031

3. 1 am authorized to submit this affidavit on behalf of B.edland Nursery. Inc.

4. On behalf of Redland Nursery, Inc. I hereby cerrilj that Redland Nursery, Inc.:

(1) Meets the requirements under current law to be licensed as a medical

marijuana Ircatment center:

EXHIBIT

115



treatment center and


imposed by section 381.986. Florida Statutes, no owner, manager or

employee has an arresi awaiting final disposition for, has been found

guilty of, regardless of adjudication. or has entered a plea of nato



jurisdiction.


foregoing is true andcorrect. Executed on thisI Z_ day of April, 2019.

_iJic'_'2Jeffrey DeMott

PresidentRedland Nursery. Inc.

STATE OF FLORiDA

COUNTY OF

Sworn to and subscribed before me this 'day of April, 2019, by Jeffrey DeMoti whois personally known to me or provided ¶rSoVAt i..ç as identification.

3tA&X &tD?\S[Print. type. or stamp commissioned nameof notary or clerk.]

- LSA STOP4IS

Comml.$lOfl Eitpksly1O.2OjJ

2

116


SPRNG OAKS GREENHOUSES, INC.,REDLAND NURSERY, iNC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC., DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,

vs.

FLORIDA DEPARTMENT OF HEALTH,an executive branch agency ofthe State of Florida,

Respondent.

DOH Case Nos.

AFFIDAVIT OF BILL DEWAR ON BEHALF OFDEWAR NTIISERIES, INC.

2018-01722018-01732018-01742018-01882018-01902018-01972019-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Wffliam E. Dewar,


1. I am over eighteen (18) years of age and am competent to testify as to the matters


2. I am the President of Dewar Nurseries, Inc., whose principal office is located at 625

West Keene Road, Apopka, Florida 32703.

3. I am authorized to submit this Affidavit on behalf of Dewar Nurseries, Inc.

4. On beha1f of Dewar Nurseries, Inc., I hereby certify that Dewar Nurseries, Inc.:

(i) Meets the requirements under current law to be licensed as a medical


EXHIBIT

'3117

(ii) Has the existing infrasirucwre and technological ability to begin cultivating

within thirty (30) days after licensure as a medical marijuana treatment

center; and



employee has an arrest awaiting final disposition for, has been found guilty

of, regardless of adjudication, or has entered a plea of nob contendere or

guilty to an offense which is a felony or crime punishable by imprisonment

for more than one year in this state or any other jurisdiction.

5. I declare under penalty of perjury under the laws of the State of Florida that the

foregoing is true and correct. Executed on this I I day of April 2019.

( L -William E. DewarPresidentDewar Nurseries, Inc.

STATE OF FLORIDA ()COUNTY OF JEON

Sworn to and subscribed before me this j ' day of April 2019, by William E. Dewar ispersonally known to me or provided_________________________ as identification.

p e9ei'fly I(bo

MUIAMOSaEY S1ENMYOMPa$SoN#GG21go1s

EXPIEtMaY* 2022

NOTARY PUBLIC UPO4eL Y1O/ey S*e

[Print, type, or stamp comtIrissioned name

of notary or clerk.]

2

118


SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC., DELEON'SBROMEUADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,

vs.DOH Case Nos.


Respondent.

AFFIDAVIT OF SHANNON ROSIER ON BEHALF OFTREE KING -TREE FARM. INC.

2018-01722018-01732018-01742018-01882018-01902018-01972019-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Shannon Rosier,




2. I am the President and Chief Executive Officer of Tree King -Tree Farm, Inc.,

whose principal office is located at 1882 Capital Circle NE, Suite 102, Tallahassee, FL 32308.

3. I am authorized to submit this affidavit on behalf of Tree King -Tree Farm, Inc.

4. On behalf of Tree King -Tree Farm, Inc., I hereby certify that Tree King -Tree

Farm, mc:

EXHIBIT

119

(I) Meets the requirements under current law to be licensed as a medical

marijuana treatment center,










jurisdiction.

5. I declare under penalty of perjury under the laws of the State of florida that the

foregoing is true and correct. Executed on this day of April, 2 9.

Shannon RosierChief Executive OfficerTree King -Tree Farm, Inc.

STATE OF FLORIDA

COUNTY OF LEON

I.1Sworn to and subscribed before me this LTday of April, 2019, by Shannon Rosier who

is personally known to me or provided 'I- 's identification.

AMANDARSCHER

I CmflsstoflS FF952911

I ExpkesApdl 14,2020

I_*'

_____ tLNOTARY PUBLIC


2

120


SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,

BILL'S NURSERY, INC., DELEON'S

BROMELIADS, INC., and HART'S PLANTNURSERY, iNC.

Petitioners,

vs.

FLORIDA DEPARThIENT OF HEALTh,an executive branch agency ofthe State of Florida,

s .-t. !'7!

/

DOH Case Nos.

AFFIDAVIT OF DANNY PERKINS ON BEHALF OFPERKINS NURSERY. INC.

2018-01722018-01732018-01742018-01882018-01902018-01972019-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Danny Perkins,


1. Iamovereighteen(18)yearsofageandamcompetcnttotestifyastothematters


2. I am the President of Perkins Nursery, Inc., whose principal office is located at

2575 Case Road, Labelle, FL 33975.

3. 1 am authorized to submit this affidavit on behalf of Perkins Nursery, Inc.

4. On behalf of Perkins Nursery, Inc., I hereby certify that Perkins Nursery, Inc.:



lTI

121

(ii) I-las the existing infrastructure and technological ability to begin cultivating


center; and






for more than one year in this state or any otherjurisdiction.

5. I declare under penalty of perjury under the laws of the State of Florida that the

foregoing is true and correct. Executed on this day of April, 2019.

Danny PerkinsPresidentPerkins Nursery, Inc.

STATE OF FLORIDA

COUNTY OF HENDRY

Sworn to and subscribed before me this i day of April, 2019, by DANNY PERKINSwho is personally known to me.

NOTARY PULICJ ticthi i(5


2

122

STATE OF FLORIDADEPARTMENT OF HEALTh

SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC., DELEON'SBROMELJADS, INC., and HART'S PLANTNURSERY, INC.

Petitioner,DOH Case Nos.

FLORIDA DEPARTMENT OF HEALTH,an executive branch agency ofthe State of Florida,,

Respondent.

AFFIDAVIT OF STEPHEN T. GARRISON ON BEHALF OFBILL'S NVRSERY INC.

2018-01722018-01732018-01742018-01882018-01902018-019720 19-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Stephen T.

Garrison, who by me first being duly sworn and deposed says:

1. I am over eighteen (18) years of age and sin competent to testify as to the matters


2. I am the President of Bill's Nursery, Inc., whose principal oflice is located at P.O.

Box 900637, Homestead, FL 33090-0637.

3. I am authorized to submit this affidavit on behalf of Bill's Nursery, Inc.

4. On behalf of Bill's Nursery, Inc., I hereby certify that Bill's Nursery, Inc.:


marijuana treatment center,

123

(ii) Has the existing infrastructure and technological ability to begin cultivating


center; and





guilty to an offense which is a felony or ciime punishable by imprisonment

for more than one year in this state or any other jwisdiction.

5. I declare under penalty of peijury under the laws of the State of Florida that the

foregoing is trne and correct. Executed on 2019.

Bill's Nursery, Inc.STATE OF FLORIDA

COUNTY OF DADE

Sworn to and subscribed before me this Jj day of April, 2019, by Stephen T. Garrisonwho is personally known to me or provided as identification.

L,LNOTARY PIJBUC

(hvl*p1 Rivet*[Print, type, or stamp commissioned nameof notary or clerk.]

f CHRISTOPHER RIVERA11Commission#FF 915598My Commission Expires

September03, 2019

2

124


SPRiNG OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC., DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, NC.

Petitioners,

vs.DOH Case Nos.


Respondent.

AFFIDAVIT OF ROBERT DELEON ON BEHALF OFDELEON'S BROMELIADS INC.

2018-017220 18-01732018-0 1742018-018820 18-01902018-019720 19-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Robert Deleon,




2. I am the President of Deleon's Bromeliads, Inc., whose principal office is located

at 13745 S. W. 216 Street, Goulds, FL 33 170-2401.

3. I am authorized to submit this affidavit on behalf of Deleon's Bromeliads, Inc.

4. On behalf of Deleon's Bromeliads, Inc., I hereby certify that Deleon's

Bromeliads, Inc.:

EXHIBIT

125




cultivating within thirty (30) days after Licensure as a medical marijuana






contendere or guilty to an offense which is a felony or cthne punishable


jurisdiction.


foregoing is true and correct. Executed on this J02- day of April, 2019.

Robert DeleonPresidentDeleon's Bromeliads, Inc.

2

126

STATE OF FLOIUt)A

COUNTY OF-i4bie

Sworn to and subscribed before me this day of April, 2019, bywho is personally known to me or provided C L :ce,i as identification.

VIC

Notary PuOko, sta ol F4orlda

Commss0nl GG 259612 t'_unm. exiareasec*. 18. [I4int, type, or stamp commissioned name

of notary or clerk.]

127


SPRING OAKS GREENHOUSES, INC.,REDLAND NURSERY, INC., DEWARNURSERIES, INC., TREE KING -TREEFARM, INC., PERKINS NURSERY, INC.,BILL'S NURSERY, INC., DELEON'SBROMELIADS, INC., and HART'S PLANTNURSERY, iNC.

Petitioners,

vs.

FLORiDA DEPARTMENT OF HEALTH,an executive branch agency ofthe State of F1orida

Respondent.

I

DOH Case Nos.

AFFIDAVIT OF MARK DE SOLJZA ON BEHALF OFHART'S PLANT NURSERY. INC.

2018-01722018-01732018-017420 18-01882018-01902018-01972019-00472019-0076

BEFORE ME, the undersigned authority, this day personally appeared Mark De Souza,


1. 1 am over eighteen (18) years of age and am competent to testilj as to the matters


Inc.:

3. 1 am authorized to submit this affidavit on behalf of Hart's Plant Nursery, Inc.

4. On behalf of Hart's Plant Nursery, Inc., I hereby certify that Hart's Plant Nursery,



EXHIBIT(J128

(ii) Has the existing infrastructure and technological ability to begin cultivaring


center; and






for more than one year in this state or any other jurisdiction.

5. I declare u.nder penalty of perjury under the laws of the State of Florida that the

foregoing is true and correct. Executed on this 1/Lay of April, 2019.

.-

/

Mark DeHart's Plant Nursery, Inc.

STATE OF FLORIDA

COUNTY OF LEON

Sworn to and subscribed before me this II day of April, 2019, by ck(X)2u\.who is personally known to me or provided -...............as identification..

Seal

Notaly Pubic State of minols

My Commission Expirea 0512312020

GJ\_NOTARY PUBLIC

[Print, type, or stamp omxnissioned nameof notary or clerk]

2

129

Mission: -- Ron DeSantis

To protect, promote & improve the health Governor

of at people in Flonda through integratedstate, county & community efforts.

HEALTHVision: To be The Heafthiest State in the Nation

April 19, 2019

Dear Redland Nursery, Inc.,

Enclosed is a copy of the Final Order dated April 19, 2019. Pursuant to the terms of the Final Order,Redland Nursery, Inc. is licensed as a Medical Marijuana Treatment Center (MMTC). As an MMTC, youmust maintain compliance with all applicable requirements of section 381.986, Florida Statutes.

Bond or Other Security Required: On or before April 29, 2019, at 5:00 pm (eastern), you must 1) posta $5 million performance bond issued by an authorized surety insurance company rated in one of thethree highest rating categories by a nationally recognized rating service; or (2) provide an irrevocableletter of credit of $5 million payable to the Department; or (3) provide $5 million cash to the Department.The bond or other security must be delivered to the Office of Medical Marijuana Use, do FloridaDepartment of Health Agency Clerk, 2585 Merchants Row Blvd., Suite 110, Tallahassee, Florida32399.

Background Screening: As required by statute, all owners, officers, board members, managers, andemployees must have passed a background screening as required in the settlement agreementattached to your Final Order. You have sworn under oath that all such persons are compliant with thelaw. On or before April 29, 2019, you must submit a complete list of all Redland Nursery, Inc.'s owners,officers, board members, managers, and employees as of April 19, 2019, and indicate the date of eachindividual's most recent compliant background screening pursuant to section 381.986(9), FloridaStatutes, and the terms of the settlement agreement attached to your Final Order. If for any reason anysuch person has not submitted his/her fingerprints, each must go to the Florida Department of LawEnforcement (FDLE) or one of its approved fingerprinting vendors and, at such time, give to FDLE orthe FDLE-approved vendor the entity ORI number FL924890Z (DOH - OFFICE OF MEDICALMARIJUANA USE). The background screening report will be sent directly to the Office of MedicalMarijuana Use. All fingerprinting, if not already done, must be accomplished on or before April 29,2019.

Ownership Interests Restrictions: You must submit a fully -diluted capitalization table that lists allshare types and the aggregate sum of shares associated to any persons, whether considered ownersor investors. The table must list all share types and the aggregate sum of shares associated to anyperson as of a date no less than 7 calendar days prior to April 19, 2019. This information must besubmitted on or before April 29, 2019.

Cultivation, Processing, and Dispensing: Pursuant to statute, all MMTCs must cultivate, process,and dispense maruana for medical use. Based on your sworn statement that you are ready tocommence cultivation within 30 days, you must request an inspection from the Department within therequired timeframe detailed in the settlement agreement attached to your Final Order. No cultivation isallowed to commence before the Department inspects and approves the facilities and operations.

ITFlorida Department of Health

Accredited Health Department4052 Bald Cypress Way, Bin M-01 'Tallahassee, FL 32399 Public Health Accreditation Board

Office of Medical Marijuana Use

PHONE: 850/245-4657

FloridaHealth.gov 130

You have also sworn the present ability to comply with the statutory requirement of processingmarijuana for medical use. No processing is allowed to commence before the Department inspects andapproves the facilities and operations.

Lastly, you have also sworn the present ability to comply with the statutory requirement of dispensingmarijuana for medical use. No dispensing is allowed to commence before the Department inspects andapproves the facilities and operations.

Failure to comply with any or all of the above will result in the-1iiitiàion 9f1 license revocationproceedings.

/ /

Since reIy// / 77// cney C9'tipola

Director1' /Office,,pf Mpdical Marijuana Use

cc: Ryan Benjamin, Compliance & Licensing Manager; Ryan.Benjaminflhealth.gov

131

filing # 95112608 e-filed 09/03/2019 03:52:53 pm record on … · 2019-09-03 · filing # 95112608...

Documents