Florlda Department or Health

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STATE OF FLORIDA OfficeotMedi . DEPARTMENT OF HEAL TH cal MariJuana u r-..:, C,-·

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MEDPURE, LLC,

Petitioner,

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DOH CASE NO. 2019~0118 0) :2

DEPARTMENT OF HEALTH,

Respondent.

NOTICE OF APPEAL

NOTICE IS GIVEN IHA T Petitioner/ Appellant, MedPure, LLC, appeals to

the First District Court of Appeal of Florida the Department of Health's Final Order

Dismissing Petition (the "Order"), issued on June 28, 2019. The Order dismissed

Petitioner/ Appellant's May 29, 2019 Petition for Formal Administrative

Proceedings. The nature of the Order is a final order of an administrative tribunal.

A copy of the Order is attached.

Filing # 93240305 E-Filed 07/26/2019 03:07:08 PM

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Barry Richard Florida Bar No. 105599

Lorence J. Bielby Florida Bar No. 393517

Greenberg Traurig, P.A. 101 E College Ave Tallahassee, FL 32301 Telephone: 850.222.6891 Facsimile: 850.681 .0207 richardb@gtlaw.com bielbyl@gtlaw.com

Brigid F. Cech Samo le Florida Bar No. 730440

Greenberg Traurig, P.A. 333 S.E. 2nd Avenue Suite 4400 Miami, Florida 33131 Telephone: 305.579.0500 Facsimile: 305.579.0717 cechsamoleb@gtlaw.com miamiappellateservice@gtlaw.com

Respectfully submitted,

A vi Benayoun Florida Bar No. 0151696

Greenberg Traurig, P.A. 401 East Las Olas Boulevard Suite 2000 Fort Lauderdale, Florida 33301 Telephone: 954.765.0550 Facsimile: 954.765.1477 benayouna@gtlaw.com yeargina@gtlaw.com flservice@gtlaw.com

By: Isl A vi Benayoun Avi Benayoun

Counsel for Petitioner/Appellant MedPure, LLC

2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original Notice of Appeal has been hand­

delivered and filed with the Agency Clerk, Office of General Counsel, Florida

Department of Health, 25 85 Merchants Row Boulevard, Suite 110, Tallahassee,

Florida 23299, with a true and correct copy furnished by regular U.S. mail to State

of Florida, Department of Health, Office of Medical Marijuana Use, 4052 Bald

Cypress Way, Bin M-01, Tallahassee, Florida 32399, and with a copy delivered by

email to Courtney Coppola, Director, Florida Office of Medical Marijuana Use,

Courtney.Coppola@flhealth.gov; Sarah Young Hodges, Counsel of Florida

Department of Health, Sarah.Hodges2@flhealth.gov; Michael Williams, Chief

Legal Counsel, Office of the General Counsel, Florida Department of Health,

Michael.Williams@flhealth.gov this 26th day of July 2019. Futihermore, pursuant

to Florida Rule of Appellate Procedure 9.1 l0(c), a copy of the Notice of Appeal,

along with the filing fees, has been filed with the Clerk of the First District Court of

Appeal.

By:

3

/s/ A vi Benavoun A vi Benayoun

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STATE OF FLORIDA DEPARTMENT OF HEALTH

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MEDPURE, LLC,

Petitioner,

v.

DEPARTMENT OF HEALTH,

Respondent.

DOH CASE NO. 2019-0118

FINAL ORDER DISMISSING PETITION

This matter was presented to the Department pursuant to the Petitioner's

"Petition for Formal Administrative Proceedings" (Petition) pursuant to sections

120.569 and 120.57, Florida Statutes. The Petitioner has filed the Petition in response to

a Department letter dated March 26, 2019, wherein the Department denied the

Petitioner's Medical Marijuana Treatment Center(MMTC) registration requestOetter)

filed on October 19, 2018.

Findings of Fact

1. The Petition is attached hereto as exhibit A for ease of reference in reading

the reasons for this dismissal in this Order below.

2. The Petitioner is a Florida for-profit Limited Liability Company.

3. The Respondent is an executive branch agency in Florida with statutory

and constitutional duties to implement Florida's Medical Marijuana Program.

4. Through the Compassionate Medical Cannabis Act of 2014, (Act) the

Florida Legislature legalized the licensed cultivation, processing and dispensing oflow

THC cannabis for qualified patients who suffer from certain debilitating illnesses and

conditions. See, ch. 2014-157 Laws of Fla. The Act, codified as amended at section

, .. •• .. \ , 1

381.986 Florida Statutes (2014), directed the Department to authorize five "dispensing

organizations"("DO's"), one in each of five regions: Northwest, Northeast, Central,

Southeast, a.nd Southwest Florida. §381.986 (s) (b) Fla. Stat. (2014).

5. The Act authorized the Department to adopt rules to implement the Act.

§381.986 (5) (d) Fla. Stat. (2014). The Department formally adopted rules implementing

the application, selection and regulatory processes for DO's. Fla. Admin. Code Ch. 64-4.

The rules included an application form to be completed pursuant to the instructions in

the rule text and in the application form DH 8006-OCU-2/2015, Fla. Admin. Code R.

64-4.002. The rules provided that the applicant whose application received the highest

aggregate score in a given region would be selected as that region's DO. Fla. Admin.

Code R. 64-4.002 Cs) (b) (New 6-17-15).

6._ In November 2016 the Florida Medical Marijuana Legalization Initiative

(Amendment) was passed by Florida voters. It became effective in January 2017 and is

codified at Article X. section 29. of the Florida Constitution.

7. By its terms the Amendment provides: "nothing in this section shall limit

the legislature from enacting laws consistent with this section." Art. X, § 29(d), Fla.

Const.

8. The Amendment imposed several duties on the Department and provided

statutory standing for persons to "seek judicial relief to compel compliance with the

Department's constitutional duties." Art. X, § 29(d)(3), Fla. Const.

9. During a special session convened in June 2017 the Florida Legislature

enacted Senate Bill No. 8-A, which was described as "an act relating to the medical use

of marijuana." The Act was codified at section 381.986 Florida Statutes (2017)

(implementing statute).

2

10. On October 5, 2018 the Circuit Court for the Second Judicial Circuit, in the

case styled Florigrown. LLC. et al.. v. Florida Department of Health, Office of Medical

Marijuana Use, et al., Case No. 2017 CA 2549, entered an Order granting a Temporary

Injunction and ruling that the implementing statute was unconstitutional. The Order

granting the Temporary Injunction also directed the Department to commence

registering MMTC's in accordance with the plain language of the Amendment. That

Order and the injunction are now on appeal.1

11. Subsequent to the entry of the Orde~ granting the Temporary Injunction

the Petitioner submitted a letter to the Department. The letter was dated October 19,

2018 and was submitted for licensure under the Amendment. A copy of the October 19,

2018 letter is attached as exhibit B.

12. On March 26, 2019 the Department issued a denial letter to the Petitioner

concerning Petitioner's MMTC registration letter. The denial letter is attached to this

Order as exhibit C. The denial letter advised the Petitioner that the Agency was not

accepting MMTC Applications at that time but would publish a Notice in the FAR

indicating when the Department would begin accepting MMTC applications. The denial

letter further advised the Petitioner it could submit an MMTC application at the time

provided in the FAR notification.

Conclusions of Law

13. In the first paragraph of the Petition filed on May 29, 2019, the Petitioner

indicates it is challenging the Department's alleged untimely denial of Petitioner's

MMTC registration request (letter) filed on October 19, 2018, although the October 19,

1 As of the date of this order the temporary injunction has been stayed.

3

2018 letter invoked the authority of the Florida Constitution as the basis for seeking the

MMTC registration. The October 19, 2018 request did not operate as an application

under Chapter 120. Therefore, sections 120.60 and 120.52 Florida Statutes do not apply

to Petitioner's October 19, 2018 letter.

14. The licensing procedure for MMTC's that is found in Section 381.986 (8)

Florida Statutes is a need driven procedure with competing entities vying for a finite

number oflicenses. Assuming the default licensure provision of section 120.60 Florida

Statutes, would otherwise be applicable here, the default licensure provision is

inconsistent with the Department's duties to fill available MMTC slots based on a

statutory need formula. Default licensure cannot be applied here. See. Gulf Coast

Nursing Ctr. v. Dept. of Health and Rehab. Servs., 483 So.2d 700,704 (Fla. 1st DCA

1985) (discussing Florida courts' recognition of the Ashbacker doctrine) See. Ashbacker

Radio Corp. v. F.C.C., 66 Sct.148, 326 L. Ed. 108(U.S. 1945). See also, Biomedical

Applications of Clearwater, Inc. v. Dept. of Health and Rehab. Serv., 370 So. 2d 19, 23

(Fla. 2nd DCA 1979).

15. The appropriate means of compelling compliance with duties set forth in

Article X. section 29. (d) of the Florida Constitution is through judicial review. This

cannot be accomplished through administrative agency action. Art. X, § 29(d), Fla.

Const., Biltmore Const. Co. v. FL Dept. Gen. Serv. 363 So. 2d 851,854 (Fla. 1st DCA

1978).

For the foregoing reasons, the Petition filed by MedPure, LLC on May 29, 2019 is

hereby dismissed with prejudice.

DONE and ORDERED in the Department of Health offices in Tallahassee, Leon

County, Florida, this d%. day of J:. ,... c._ , 2019.

4

Copies Furnished:

Petitioner Craig S. Barnett, Esquire Avi Benayoun, Esq. Greenberg Traurig P.A. 401 East Las Olas Boulevard Fort Lauderdale, Florida 33301

Respondent Michael Williams Chief Legal Counsel Office of the General Counsel Florida Department of Health 4052 Bald Cypress Way, Bin A-02 Tallahassee, Florida 32399-1703 850 245 4005 Michael.Williams@flhealth.gov

Michele Tallent Deputy Secretary for Operations Florida Department of Health

CERTIFICATE OF SERVICE

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

sent by regular U.S. mail to Attorneys for Petitioner and by hand delivery and/or by

inter-office mail to Attorney for Respondent this Jff day of :J:_ L

Wan aYoung, Agency Clerk

2019.

Florida Department of Health

5

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS MUST BE INITIATED BY FILING A NOTICE OF APPEAL WITH THE CLERK OF THE DEPARTMENT OF HEALTH AND A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEE, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES OR THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE FILING OF THIS FINAL ORDER.

6

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STATE OF FLORIDA 2ai9 Vi;W 29 PM 2: 30 DEPARTMENT OF HEALTH

OFFICE OF MEDICAL MARIJUANA USE :-_- _·,:· ,,:~ :.:-: 1 <:.: C:.:.";",:;(

MEDPURE, LLC

Petitioner,

vs.

ST ATE OF FLORIDA, -DEPARTMENT OF HEALTH, OFFICE OF MEDICAL MARI.WANA USA

Respondent. I --------------

EXHIBIT

A FILE No.:

PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS

Pursuant to sections 120.569, 120.57(1), 120.60(1), Florida Statutes, and Florida .

Administrative Code Rule 28-106.201, MedPure, LLC ("MedPure, LLC"), files this Petition for.

Formal Administrative Proceedings ("Petition") to challenge the untimely decision of Respondent,

State of Florida, Department of Health, Office of Medical Marijuana Use (the "Agency") to reject

MedPure's registration application to operate a Medical Marijuana Treatment Center ("MMTC"). 1

In support of its Petition, MedPure states as follows:

I. Rule 28-106.201 (2)(a). The name and address of each agency affected and ~-ich

agency's file or identification number, if known. The agency affected by this Petition is the

State of Florida, Department of Health, Office of Medical Marijuana Use, whose address is 4052

Bald Cypress Way, Bin M-01, Tallahassee, Florida 32399. The agency's file or identification

number, if any, is not known.

1 Pursuant to section 120.60(1), Florida Statutes, this Petition shall also serve as Green Point's written notice of its intent to rely upon the default license provision of section 120.60( 1 ).

2. Role 28-106.201(2)(b). The name, address, and telephone number of the

petitioner's representative, if any, which shall be the address for service purposes during the

course of the proceeding; and an explanation of how tile petitioner's substantial interests will

·be affected by the agency determination. MedPure's representatives in this case are its legal

counsel, Craig S. Barnett, Esq. and Avi Benayoun, Esq., and the law finn of Greenberg Traurig,

P.A., 401 East Las Olas Boulevard, Suite 2000, Fort Lauderdale, Florida 33301, telephone:

954.765.0500; fax: 954.765.1477. Messrs. Barnett and Benayoun shall be MedPure's contact

persons for the purpose of service and other matters during the course of this proceeding.

MedPure's substantial interests have been affected by the Agency's untimely decision to

reject its MMTC registration application. The Agency has taken the position that it is "not

ac·cepting applications for Medical Marijuana Treatment Center registration." Such decision

entitles MedPure to an administrative hearing under section 120.57, Florida Statutes. See e.g.,

Gen. Dev. Utilities, Inc. v. Fla. Dep't ofEnvtl. Regulation, 417 So. 2d 1068 (Fla. 1st DCA 1982)

(holding that agency improperly dismissed petition because "the Department has taken a position,

reduced it to writing, and disseminated it to the affected party .... ").

This improper decision deprives MedPure of a license to operate as a MMTC in the state

of Florida, to which it is entitled by default based on the Agency's failure to request additional

information from MedPure within thirty (30) days of receipt of MedPure's MMTC registration

application and subsequent failure to approve or deny MedPure's application within ninety (90)

days ofreceipt of same.

3. Rule 28-106.201(2)(c). A statement of when and how the petitioner received

notice of the agency decision. On or about March 27, 2019, MedPure received the Agency's

letter dated March 26, 2019, where the Agency rejected MedPure's MMTC registration

application, stating that the Agency "is not accepting applications for Medical Marijuana

Treatment Center registrations." A copy of the Agency's March 26, 2019 letter is attached as

Exhibit "A." This petition is timely filed.

4. Rule 28-106.201{2)(d). A statement of aJl disputed issues of material fact. lf

there are none, the petition must so indicate. MedPure requests fonnal administrative

proceedings pursuant to sections 120.569, 120.57(1) and 120.60(1 ), Florida Statutes, to contest the

Agency's untimely rejection of its MMTC registration application. Material facts that are in

dispute include the following;

Whether the Agency was legally required to accept and consider MMTC registration

applications during the time period when MedPure's MMTC registration was pending before the

Agency.

Whether the Agency can unilaterally decide that it is not accepting applications for MMTC

registrations.

Whether the Agency's decision to reject MedPure's complete MMTC registration

application was lawful.

Whether MedPure is entitled to a default license to operate as a MMTC in the state of

Florida.

Whether MedPure is entitled to a license to operate as a MMTC in the state of Florida

under Article X, Section 29 of the Florida Constitution ("Medical Marijuana Amendment").

5. Ruic 28-106.201(2)(e}. A concise statement of the ultimate facts alleged,

including the specific facts the petitioner contends warrant reversal or modification of the

agency's proposed action. On October 5, 2018, in the case styled Florigrown, LLC, et al. v.

Florida Department of Health, Office of Medical Marijuana Use, et al., Case No. 2017 CA 2549,

pending in the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, the

Court entered an Order Granting Motion for Temporary Injunction ("Order") where it ruled that

the statutory scheme through which the Agency previously issued MMTC licenses (i.e., section

381 .986, Florida Statutes) was unconstitutional. That order directed the Agency to, among other

things, commence registering MMTC's in accordance with the plain language of the Medical

Marijuana Amendment.

Subsequent to the Court's Order, on Octo_ber 19, 2018, MedPure submitted its MMTC

registration application. While the Court's Order was in effect, MedPure's MMTC registration

application was pending before the Agency.

The Agency never requested any additional information from MedPure with regard to its

MMTC registration application. On March 27, 2019, more than ninety (90) days after MedPure

submitted its MMTC registration application, MedPure received the Agency's letter dated March

26, 2019, wherein the Agency rejected MedPure's MMTC registration application, stating that the

Agency "is not accepting applications for Medical Marijuana Treatment Center registrations."

6. Rule 28-106.201(2)(0. A statement of the specific rules or statutes the

petitioner contends reguii-e reversal or modification of the agencv's proposed action,

including an explanation of how the alleged facts relate to the specific rules or statutes. The

Administrative Procedure Act (Fla. Stat.§ 120.50 et seq.) defines "license" as "a franchise, pennit,

certification, registration, charter, or similar form of authorization required by law .... " Fla.

Stat.§ 120.52 (10) (emphasis added). Similarly, "licensing" means "the agency process respecting

the issuance [ or] denial ... of a license." Fla. Stat. § 120.52 (1 I). Based on the plain language of

these statutes, the MMTC registration application process implicates licensing, which is governed

by section 120.60, Florida Statutes. Indeed, the Division of Administrative Hearings has

recognized that the Agency's obligations under section 120.60 apply with full force and effect in

the context of medical marijuana Jicensing. See Plants of Ruskin, Inc. v. Department of Health,

Case Nos. 17-0116, 17-0117, 2017 Fla. Div. Adm. Hear. LEXIS"338 (May 23,2017).

Under section 120.60(1), the Agency had thirty (30) days from receipt of MedPure's

MMTC registration application to notify MedPure of any apparent errors or omissions in its

application and request any additional information. The agency never made any such request.

Pursuant to section 120.60(1), because no additional information was requested within 30 days,

the Agency had 90 days from receipt of MedPure's MMTC registration application to approve or

deny such application. See e.g., Tuten v. Stale of Fla., Dep't of Envtl. Prot., 819 So. 2d 187, 188

(Fla. 4th DCA 2002). The Agency also failed to comply with this statutory obligation.

MedPure is entitled to a default license under section 120.60(1) because the Agency

allowed more than thirty (30) days to elapse without requesting any additional infonnation from

MedPure, and also allowed more than ninety (90) days to elapse without approving or denying

MedPure's MMTC registration application.

7. Rule 28~106.201(2)(g). A statement of the relief sought by the petitioner,

stating precisely the action petitioner wishes tl1e agency to t.ake with respect to the agency's

proposed action. Med Pure seeks prompt issuance of a I icense to operate as a MMTC in the state

of Florida, by default under section 120.60( I), Florida Statutes, or otherwise.

8. MedPure reserves the right to amend this Petition.

WHEREFORE, MedPure requests that:

(a) This matter be referred to the Division of Administrative Hearings for the

assignment of an administrative law judge to conduct formal administrative proceedings;

(b) Recommended and Final Orders be entered concluding that (i) the State of

Florida, Department of Health, Office of Medical Marijuana Use was required to timely approve

or deny MedPure's application for registration as a Medical Marijuana Treatment Center in

accordance with section 120.60(1 ), Florida Statutes, but failed to do so; and (ii) MedPure is entitled

to a default license under section 120.60(1) to operate as a Medical Marijuana Treatment Center

in the state of Florida;

(c) Such other relief be granted to MedPure as may be appropriate in the

circumstances.

Respectfully submitted this 28th day of May, 2019.

GREENBERG TRAURIG, P.A. 401 East Las Olas Boulevard Suite 2000 Fort Lauderdale, Florida 33301 Phone: 954.765.0500 Fax: 954.765.1477

Isl Craig S. Barnett CRAIG S. BARNETT Florida Bar No. 035548 Primary Email: bamettc@gtlaw.com Secondary Email: scottla@gtlaw.com

FLService@gtlaw.com A VI BENA YOUN Florida Bar No. 0151696 Primary Email: benayouna@gtlaw.com Secondary Email: yeargina@gtlaw.com

CERTIFICATE OF FILING

I HEREBY CERTIFY that this original has been hand delivered to State of Florida,

Department of Health, Office of Medical Marijuana Use, 4052 Bald Cypress Way, Bin M--01,

Tallahassee, Florida 32399, and Agency Clerk, Office of General Counsel, Florida Department of

Health, 2585 Merchants Row Boulevard, Suite 110, Tallahassee, Florida 32399, with a copy

delivered by email to Courtney Coppola, Director, Florida Office of Medical Marijuana Use,

Courtney.Coppola@fJhealth.gov, this 28th day of June, 2019.

Isl Craig S. Barnett CRAIG S. BARNETT

Buchanan Ingersoll 1& Rooney pc

1imothy F. Stanfield Government Relations Professional Direct Dial: 850 681 4226 rimothy,st:in.ficld@bipc.com

EXHIBIT

.B

JOI North Monroe Street, Suite 1090 Tallahassee, Florida 32301 T 850681 0411 F 850681 6036

www.bipc.com

October 19, 2018

Courtney Coppola, Director Office of Medical Marijuana Use Florida Department of Health 2585 Merchants Row Boulevard Tallahassee, FL 32399

-'· i• .

' '

Via Hand Delivery _ and email to r ,

Courtney.Coppola@FLHealth.gO?,: I •

Re: Registration as a Medical Marijuana Treatment Center· by MedPure, LLC

Dear Ms. Coppola:

' LJI

This letter constitutes Med.Pure, LLC's (herein "Registrant") registration to operate a Medical Marijuana Treatment Center (herein "MMTC") in accordance with the ruling in Florigrown LLC v. DOH Case No 2017-CA-002549. Pursuant to Article X Section 29(b)(5) of the Constitution of the State of-Florida ratified by voters on November 7, 2016, referred to as

· Amendment 2 (herein the "Amendment"), this registration entitles the Registrant to acquire, cultivate, possess, process, transfer, transport, sell, distribute, dispense, or administer marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers.

The Registrant is a Florida Corporation existing for, inter alia, the purpose of operating a MMTC within the State of Florida to make available and accessible medical marijuana for safe use by qualifying patients.

All owners, managers, officers, board members, and employees or agents of the Registrant will meet the requirements mandated by the Department of Health (herein ''Department") for a level-2 background screening pursuant to Section 435.04, F.S., or any other background screening requirement at the office of FDLE or any other designated approved vendor for fingerprinting. To date, all individuals associated with the Registrant have been fingerprinted and passed a Ievel-2 background screening.

In order to satisfy any requirements regarding financial solvency and capabilities, the Registrant will provide any requested materials from a certified public accountant. The Registrant will satisfy the fee requirements for registration and provide the required bond for registration, as it has been pre-qualified for bond issuance.

Courtney Coppola, Director Office of Medical Marijuana Use October 19, 2018 Page2

The purpose of registration is to ensure the availability and safe use of medical marijuana by qualifying patients. Under Section 29 (d)(l)(c) of the Amendment, it is the duty of the Department to promulgate regulations to ensure proper security, record keeping, testing, labeling, inspection and safety. The Registrant shall meet these requirements as follows:

1. The Registrant will meet all requirements for security, inventory, and control including, but not limited to, video surveillance, alanns, and physical barriers to control access. More specifically, the Registrant employs a security director who has prepared detailed security protocols and procured security equipment.

2. The Registrant will meet all record keeping requirements for inventory control, tracking and chain of custody, and will implement auditable software for seed to sale tracking as required. The Registrant has entered into an agreement for seed to sale tracking support with a leading seed to sale tracking company in the industry.

3. The Registrant will comply with testing requirements including, but not limited to, internal testing and maintaining batch samples for auditing by independent third parties. The Registrant bas entered into a letter of intent with a Florida lab to provide third party testing.

4. The Registrant will maintain records necessary to meet any labeling requirements such as a list of ingredients, cannabinoid content to include THC and CBD, and safety warnings.

5. The Registrant will make its facilities, processes, and records available for inspection by the Department at any and all reasonable times.

6. The Registrant considers the safety of its products and processes to be a paramount concern. Consequently, the Registrant will satisfy or exceed any safety requirement including but not limited to: a. requirements for cultivating cannabis methodology; b. requirements for dealing with medical marijuana as an invasive plant in the State of Florida; c. requirements for the best agricultural and handling practices; d. requirements for professional personnel on staff licensed by the State as necessary to ensure that the Registrant is operating in accordance with the regulations of the Department.

7. The Registrant has engaged a Florida licensed physician to serve as Medical Director of the :MMTC to ensure the proper operation of facilities and patient safety.

8. The Registrant has satisfied all local zoning and planning requirements of each jurisdiction in which it will operate facilities, and enjoys the support of the City of Vero Beach, Florida which is aware of the Registrant's intentions.

Courtney Coppola, Director Office of Medical Marijuana Use October 19, 2918 Page3

Thus, as previously stated, this letter constitutes MedPure, ILC's registration for the operation of an MMTC and the acknowledgement and agreement by MedPure, I.LC to comply with the Amendment and any duly adopted regulations of the Department.

Thank you for your consideration in this matter. If you have any questions, please do not hesitate to contact me.

Sincerely,

7~: Timothy F. Stanfield, Esq.

Mission: To protect, promote & improve the health of all people In Florlda through integrated state, county & community efforts. ;rctrR:G.

HEALTH

Ron Desantis Governor

Vision: To be the Healthiest State in the Nation

Timothy F. Stanfield, Esq. Buchanan Ingersoll & Rooney 101 North Monroe Street, Suite 1090 Tallahassee, FL 32301 Timottry.Stanfield@bip-c~com -

March 26, 2019

EXHIBIT

C Re: Request for Registration - MedPure, LLC

Dear Mr. Stanfield,

On October 19, 2018, the Office of Medical Marijuana Use received your request for registration as a Medical Marijuana Treatment Center under Article X, Section 29 of the Florida Constitution. At this time, the Office of Medical Marijuana Use is not accepting applications for Medical Marijuana Treatment Center registration.

The Office of Medical Marijuana Use will publish in the Florida Administrative Register the date upon which it will begin accepting applications. You may sub~_!Jan appl_i~-~-~n for registration at that time .

., J ---. / / '

,Sincer · , /{,' / v1 // I

Florida Department of Health

Office of Medical Marijuana Use 4052 Bald Cypress Way, Bin M--01 • Tallahassee, FL 32399 PHONE: 850/245-4657 FlorldaHealth.gov

/ ~ C~•ri F~ la ·· · -L tr eta / O ·ce f'Medical Marijuana Use (850 . 45-4657 ,,

■ Accredited Health Dep artment Public Health Accredi tation Board