The Florida Senate

499.0691  Criminal punishment for violations related to drugs; dissemination of false advertisement.--

(1)  Any person who violates any of the following provisions commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; but, if the violation is committed after a conviction of such person under this section has become final, such person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, or as otherwise provided in ss. 499.001-499.081:

(a)  The manufacture, repackaging, sale, delivery, or holding or offering for sale of any drug that is adulterated or misbranded or has otherwise been rendered unfit for human or animal use.

(b)  The adulteration or misbranding of any drug intended for further distribution.

(c)  The receipt of any drug that is adulterated or misbranded, and the delivery or proffered delivery of such drug, for pay or otherwise.

(d)  The dissemination of any false or misleading advertisement of a drug.

(e)  The use, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application of the drug is effective when it is not or that the drug complies with ss. 499.001-499.081 when it does not.

(f)  The purchase or receipt of a compressed medical gas from a person that is not authorized under this chapter to distribute compressed medical gases.

(g)  Charging a dispensing fee for dispensing, administering, or distributing a prescription drug sample.

(h)  The failure to maintain records related to a drug as required by ss. 499.001-499.081 and rules adopted under those sections, except for pedigree papers, invoices, or shipping documents related to legend drugs.

(i)  The possession of any drug in violation of ss. 499.001-499.081, except if the violation relates to a deficiency in pedigree papers.

(2)  Any person who violates any of the following provisions commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or as otherwise provided in ss. 499.001-499.081.

(a)  The refusal or constructive refusal to allow:

1.  The department to enter or inspect an establishment in which drugs are manufactured, processed, repackaged, sold, brokered, or held;

2.  Inspection of any record of that establishment;

3.  The department to enter and inspect any vehicle that is being used to transport drugs; or

4.  The department to take samples of any drug.

(b)  The sale, purchase, or trade, or the offer to sell, purchase, or trade, a drug sample as defined in s. 499.028; the distribution of a drug sample in violation of s. 499.028; or the failure to otherwise comply with s. 499.028

(c)  Providing the department with false or fraudulent records, or making false or fraudulent statements, regarding any matter within the provisions of this chapter related to a drug.

(d)  The failure to receive, maintain, or provide invoices and shipping documents, other than pedigree papers, if applicable, related to the distribution of a legend drug.

(e)  The importation of a legend drug for wholesale distribution, except as provided by s. 801(d) of the Federal Food, Drug, and Cosmetic Act.

(f)  The wholesale distribution of any prescription drug that was:

1.  Purchased by a public or private hospital or other health care entity; or

2.  Donated or supplied at a reduced price to a charitable organization.

(g)  The failure to obtain a permit as a prescription drug wholesaler when a permit is required by ss. 499.001-499.081 for that activity.

(h)  Knowingly possessing any adulterated or misbranded legend drug outside of a designated quarantine area.

(i)  The purchase or sale of prescription drugs for wholesale distribution in exchange for currency, as defined in s. 560.103(6).

(3)  Any person who violates any of the following provisions commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or as otherwise provided in ss. 499.001-499.081.

(a)  Knowingly manufacturing, repackaging, selling, delivering, or holding or offering for sale any drug that is adulterated or misbranded or has otherwise been rendered unfit for human or animal use.

(b)  Knowingly adulterating a drug that is intended for further distribution.

(c)  Knowingly receiving a drug that is adulterated and delivering or proffering delivery of such drug for pay or otherwise.

(d)  Committing any act that causes a drug to be a counterfeit drug, or selling, dispensing, or knowingly holding for sale a counterfeit drug.

(e)  Forging, counterfeiting, simulating, or falsely representing any drug, or, without the authority of the manufacturer, using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under ss. 499.001-499.081.

(f)  Knowingly obtaining or attempting to obtain a prescription drug for wholesale distribution by fraud, deceit, misrepresentation, or subterfuge, or engaging in misrepresentation or fraud in the distribution of a drug.

(g)  Removing a pharmacy's dispensing label from a dispensed prescription drug with the intent to further distribute the prescription drug.

(h)  Knowingly distributing a prescription drug that was previously dispensed by a licensed pharmacy, unless such distribution was authorized in chapter 465 or the rules adopted under chapter 465.

(4)  A publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, repackager, wholesaler, or seller of the article to which a false advertisement relates, is not liable under this section by reason of the dissemination by him or her of such false advertisement, unless he or she has refused, on the request of the department, to furnish to the department the name and post office address of the manufacturer, repackager, wholesaler, seller, or advertising agency that asked him or her to disseminate such advertisement.

History.--s. 28, ch. 2003-155.