Senate Bill sb2780

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    Florida Senate - 2003                                  SB 2780

    By Senator Campbell





    32-674A-03

  1                      A bill to be entitled

  2         An act relating to the regulation of

  3         prescription drugs; providing a short title;

  4         providing legislative findings and intent with

  5         respect to a report by the Seventeenth

  6         Statewide Grand Jury; amending s. 499.003,

  7         F.S.; defining additional terms, including the

  8         terms "contraband legend drug," "pedigree

  9         paper," and "repackager"; amending s. 499.005,

10         F.S.; prohibiting the purchase or sale of

11         prescription drugs in wholesale distribution in

12         exchange for currency; clarifying provisions

13         prohibiting the transfer of legend drugs from

14         or to any person not authorized to possess such

15         drugs; prohibiting additional acts concerning

16         the distribution of prescription drugs;

17         creating s. 499.0051, F.S.; providing that

18         failure to maintain or deliver pedigree papers,

19         failure to authenticate pedigree papers,

20         forgery of pedigree papers, purchase of legend

21         drugs from an unlicensed person, sale of legend

22         drugs to an unlicensed person, possession or

23         sale of contraband legend drugs and possession

24         with intent to sell or deliver contraband

25         legend drugs, and forgery of prescription

26         labels or legend drug labels are felony

27         offenses; providing penalties; creating s.

28         499.0052, F.S.; providing that trafficking in

29         contraband legend drugs is a felony offense;

30         providing penalties; providing enhanced

31         penalties if the defendant is a corporation or

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 1         not a natural person; creating s. 499.0053,

 2         F.S.; providing that the sale or purchase of a

 3         contraband legend drug resulting in great

 4         bodily harm is a first-degree felony; creating

 5         s. 499.0054, F.S.; providing that the sale or

 6         purchase of a contraband legend drug resulting

 7         in death is a first-degree felony; amending s.

 8         499.006, F.S.; providing that a legend drug

 9         that is unaccompanied by a proper pedigree

10         paper or that has been in the possession of an

11         unauthorized person is an adulterated drug;

12         amending s. 499.007, F.S.; revising labeling

13         requirements to conform to federal law;

14         amending s. 499.01, F.S.; requiring that

15         prescription drug repackagers, nonresident

16         prescription drug manufacturers, and freight

17         forwarders obtain a permit from the Department

18         of Health in order to do business; requiring

19         that an applicant obtain all necessary

20         occupational licenses; amending s. 499.012,

21         F.S.; excluding the transfer of prescription

22         drugs within a hospital from the definition of

23         wholesale distribution; providing bond

24         requirements for prescription drug wholesalers;

25         deleting provisions authorizing the department

26         to grant out-of-state wholesalers reciprocity;

27         requiring freight forwarders and nonresident

28         prescription drug manufacturers to obtain a

29         permit; providing requirements; providing

30         requirements for the permitting of prescription

31         drug wholesalers, out-of-state prescription

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 1         drug wholesalers, and retail pharmacy drug

 2         wholesalers; requiring prescription drug

 3         wholesalers to designate a representative;

 4         providing criteria for designation as a

 5         representative; amending s. 499.0121, F.S.;

 6         requiring pedigree papers for the transfer and

 7         sale of legend drugs; providing documentation

 8         requirements for the shipment of prescription

 9         drugs; providing requirements for wholesale

10         drug distributors with respect to shipping

11         prescription drugs; amending s. 499.013, F.S.;

12         providing requirements for repackagers of

13         drugs, devices, and cosmetics; requiring that a

14         repackager obtain a permit from the department;

15         amending s. 499.014, F.S.; specifying that

16         certain restricted distributors are exempt from

17         the requirements concerning pedigree papers;

18         amending s. 499.041, F.S.; revising the

19         schedule of fees for permits; amending s.

20         499.051, F.S.; extending the authority of the

21         Department of Health to inspect pharmacies and

22         retail pharmacy wholesalers; authorizing the

23         department and the Department of Law

24         Enforcement to inspect certain financial

25         documents and records; amending s. 499.055,

26         F.S.; requiring the Department of Health to

27         establish a website listing all permit holders

28         and pending enforcement actions; creating s.

29         499.065, F.S.; authorizing the department to

30         enter and inspect all permitted facilities at

31         any reasonable time; authorizing the department

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 1         to seize and destroy prescription drugs

 2         representing a threat to public health;

 3         authorizing the department to close facilities

 4         that represent an imminent danger to public

 5         health; amending s. 499.066, F.S.; providing

 6         for administrative actions by the department;

 7         creating s. 499.0661, F.S.; providing for the

 8         department to issue cease and desist orders;

 9         providing for the department to order the

10         removal of certain persons from involvement

11         with certain drug wholesalers; amending s.

12         499.067, F.S.; specifying additional grounds

13         for denial of a permit or certification;

14         amending s. 499.069, F.S.; revising certain

15         penalty provisions; creating s. 499.0691, F.S.;

16         providing criminal penalties for violations

17         related to drugs or false advertisement;

18         amending s. 921.0022, F.S., relating to the

19         offense severity ranking chart of the Criminal

20         Punishment Code; conforming provisions to

21         changes made by the act; amending s. 895.02,

22         F.S.; including certain violations of part I of

23         ch. 499, F.S., within the definition of

24         racketeering activity; amending ss. 16.56 and

25         905.34, F.S.; authorizing criminal violations

26         of part I of ch. 499, F.S., to be prosecuted by

27         the Office of Statewide Prosecution and heard

28         by the Statewide Grand Jury; providing for

29         severability; providing an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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 1         Section 1.  This act may be cited as the "Prescription

 2  Drug Protection Act."

 3         Section 2.  Legislative findings and intent.--Based on

 4  the report of the Seventeenth Statewide Grand Jury in its

 5  First Interim Report the Legislature finds that prescription

 6  drugs brought into the state by wholesalers are being

 7  relabeled and falsely represented as being of a higher dosage

 8  by other wholesalers in order to charge higher prices for

 9  those drugs and that counterfeit substances labeled as genuine

10  pharmaceuticals are being distributed, thereby causing an

11  extreme danger that persons eventually receiving the drugs by

12  prescription are receiving ineffective drugs in nontherapeutic

13  doses, or even receiving dangerous or unwholesome substances,

14  with the result that the health and well-being of the public

15  is at risk. The Statewide Grand Jury also found that the lack

16  of an effective pedigree paper requirement has resulted in the

17  inability of prescription drug users to have confidence in the

18  purity and efficacy of the drugs they use. The Statewide Grand

19  Jury further noted that present laws do not allow effective

20  criminal prosecution of persons involved in such false

21  representations. It is the intent of the Legislature that the

22  statutory changes and recommendations outlined in the

23  Statewide Grand Jury's report be implemented as provided by

24  this act.

25         Section 3.  Section 499.003, Florida Statutes, is

26  amended to read:

27         499.003  Definitions of terms used in ss.

28  499.001-499.081.--As used in ss. 499.001-499.081, the term:

29         (1)  "Advertisement" means any representation

30  disseminated in any manner or by any means, other than by

31  labeling, for the purpose of inducing, or which is likely to

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 1  induce, directly or indirectly, the purchase of drugs,

 2  devices, or cosmetics.

 3         (2)  "Affiliated party" means:

 4         (a)  A director, officer, trustee, partner, or

 5  committee member of a permittee or applicant or a subsidiary

 6  or service corporation of the permittee or applicant;

 7         (b)  A person who, directly or indirectly, manages,

 8  controls, or oversees the operation of a permittee or

 9  applicant, regardless of whether such person is a partner,

10  shareholder, manager, member, officer, director, independent

11  contractor, or employee of the permittee or applicant;

12         (c)  A person who has filed or is required to file a

13  personal information statement pursuant to s. 499.012(4) or is

14  required to be identified in an application for a permit or to

15  renew a permit pursuant to s. 499.012(3); or

16         (d)  The five largest natural shareholders that own at

17  least 5 percent of the permittee or applicant.

18         (3)  "Applicant" means a person applying for a permit

19  or certification under ss. 499.001-499.081.

20         (4)  "Authenticate" means to affirmatively verify

21  before any distribution of a legend drug occurs that each

22  transaction listed on the pedigree paper has occurred.

23         (5)(2)  "Certificate of free sale" means a document

24  prepared by the department which certifies a drug, device, or

25  cosmetic, that is registered with the department, as one that

26  can be legally sold in the state.

27         (6)(3)  "Closed pharmacy" means a pharmacy that is

28  licensed under chapter 465 and purchases prescription drugs

29  for use by a limited patient population and not for wholesale

30  distribution or sale to the public.  The term does not include

31  retail pharmacies.

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 1         (7)(4)  "Color" includes black, white, and intermediate

 2  grays.

 3         (8)(5)  "Color additive" means a material that:

 4         (a)  Is a dye pigment, or other substance, made by a

 5  process of synthesis or similar artifice, or extracted,

 6  isolated, or otherwise derived, with or without intermediate

 7  or final change of identity from a vegetable, animal, mineral,

 8  or other source; or

 9         (b)  When added or applied to a drug or cosmetic or to

10  the human body, or any part thereof, is capable alone, or

11  through reaction with other substances, of imparting color

12  thereto;

13  

14  except that the term does not include any material which has

15  been or hereafter is exempt under the federal act.

16         (9)(6)  "Compressed medical gas" means any liquefied or

17  vaporized gas that is a prescription drug, whether it is alone

18  or in combination with other gases.

19         (10)  "Contraband legend drug" means any adulterated

20  drug, as defined in s. 499.006, any counterfeit drug, as

21  defined in this section, and also means any legend drug for

22  which a pedigree paper does not exist, or for which the

23  pedigree paper in existence has been forged, counterfeited,

24  falsely created, or contains any altered, false, or

25  misrepresented matter.

26         (11)(7)  "Cosmetic" means an article that is:

27         (a)  Intended to be rubbed, poured, sprinkled, or

28  sprayed on; introduced into; or otherwise applied to the human

29  body or any part thereof for cleansing, beautifying, promoting

30  attractiveness, or altering the appearance; or

31  

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 1         (b)  Intended for use as a component of any such

 2  article;

 3  

 4  except that the term does not include soap.

 5         (12)(8)  "Counterfeit drug, counterfeit device, or

 6  counterfeit cosmetic" means a drug, device, or cosmetic which,

 7  or the container, seal, or labeling of which, without

 8  authorization, bears the trademark, trade name, or other

 9  identifying mark, imprint, or device, or any likeness thereof,

10  of a drug, device, or cosmetic manufacturer, processor,

11  packer, or distributor other than the person that in fact

12  manufactured, processed, packed, or distributed that drug,

13  device, or cosmetic and which thereby falsely purports or is

14  represented to be the product of, or to have been packed or

15  distributed by, that other drug, device, or cosmetic

16  manufacturer, processor, packer, or distributor.

17         (13)(9)  "Department" means the Department of Health.

18         (14)(10)  "Device" means any instrument, apparatus,

19  implement, machine, contrivance, implant, in vitro reagent, or

20  other similar or related article, including its components,

21  parts, or accessories, which is:

22         (a)  Recognized in the current edition of the United

23  States Pharmacopoeia and National Formulary, or any supplement

24  thereof,

25         (b)  Intended for use in the diagnosis, cure,

26  mitigation, treatment, therapy, or prevention of disease in

27  humans or other animals, or

28         (c)  Intended to affect the structure or any function

29  of the body of humans or other animals,

30  

31  

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 1  and which does not achieve any of its principal intended

 2  purposes through chemical action within or on the body of

 3  humans or other animals and which is not dependent upon being

 4  metabolized for the achievement of any of its principal

 5  intended purposes.

 6         (15)(11)  "Distribute or distribution" means to sell;

 7  offer to sell; give away; transfer, whether by passage of

 8  title, physical movement, or both; deliver; or offer to

 9  deliver. The term does not mean to administer or dispense.

10         (16)  "Diverted from the legal channels of distribution

11  for prescription drugs" means an adulterated drug pursuant to

12  s. 499.006(10).

13         (17)(12)  "Drug" means an article that is:

14         (a)  Recognized in the current edition of the United

15  States Pharmacopoeia and National Formulary, official

16  Homeopathic Pharmacopoeia of the United States, or any

17  supplement to any of those publications;

18         (b)  Intended for use in the diagnosis, cure,

19  mitigation, treatment, therapy, or prevention of disease in

20  humans or other animals;

21         (c)  Intended to affect the structure or any function

22  of the body of humans or other animals; or

23         (d)  Intended for use as a component of any article

24  specified in paragraph (a), paragraph (b), or paragraph (c),

25  but does not include devices or their components, parts, or

26  accessories.

27         (18)(13)  "Establishment" means a place of business at

28  one general physical location.

29         (19)(14)  "Federal act" means the Federal Food, Drug,

30  and Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et

31  seq.

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 1         (20)  "Freight forwarder" means a person who receives

 2  legend drugs which are owned by another person and designated

 3  by that person for export, and exports those legend drugs.

 4         (21)(15)  "Health care entity" means a closed pharmacy

 5  or any person, organization, or business entity that provides

 6  diagnostic, medical, surgical, or dental treatment or care, or

 7  chronic or rehabilitative care, but does not include any

 8  wholesale distributor or retail pharmacy licensed under state

 9  law to deal in prescription drugs.

10         (22)(16)  "Immediate container" does not include

11  package liners.

12         (23)(17)  "Label" means a display of written, printed,

13  or graphic matter upon the immediate container of any drug,

14  device, or cosmetic.  A requirement made by or under authority

15  of ss. 499.001-499.081 or rules adopted under those sections

16  that any word, statement, or other information appear on the

17  label is not complied with unless such word, statement, or

18  other information also appears on the outside container or

19  wrapper, if any, of the retail package of such drug, device,

20  or cosmetic or is easily legible through the outside container

21  or wrapper.

22         (24)(18)  "Labeling" means all labels and other

23  written, printed, or graphic matters:

24         (a)  Upon a drug, device, or cosmetic, or any of its

25  containers or wrappers; or

26         (b)  Accompanying or related to such drug, device, or

27  cosmetic.

28         (25)(19)  "Legend drug," "prescription drug," or

29  "medicinal drug" means any drug, including, but not limited

30  to, finished dosage forms, or active ingredients subject to,

31  defined by, or described by s. 503(b) of the Federal Food,

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 1  Drug, and Cosmetic Act or s. 465.003(8), s. 499.007(12), or s.

 2  499.0122(1)(b) or (c).

 3         (26)  "Legend drug label" means any display of written,

 4  printed, or graphic matter upon the immediate container of any

 5  legend drug prior to its dispensing to an individual patient

 6  pursuant to a prescription of a practitioner authorized by law

 7  to prescribe.

 8         (27)(20)  "Manufacture" means the preparation,

 9  deriving, compounding, propagation, processing, producing, or

10  fabrication of any drug, device, or cosmetic.  The term

11  includes repackaging or otherwise changing the container,

12  wrapper, or labeling to further the distribution of the drug,

13  device, or cosmetic.

14         (28)(21)  "Manufacturer" means a person who prepares,

15  derives, manufactures, or produces a drug, device, or

16  cosmetic. The term excludes pharmacies that are operating in

17  compliance with pharmacy practice standards as defined in

18  chapter 465 and rules adopted under that chapter.

19         (29)(22)  "New drug" means:

20         (a)  Any drug the composition of which is such that the

21  drug is not generally recognized, among experts qualified by

22  scientific training and experience to evaluate the safety and

23  effectiveness of drugs, as safe and effective for use under

24  the conditions prescribed, recommended, or suggested in the

25  labeling of that drug; or

26         (b)  Any drug the composition of which is such that the

27  drug, as a result of investigations to determine its safety

28  and effectiveness for use under certain conditions, has been

29  recognized for use under such conditions, but which drug has

30  not, other than in those investigations, been used to a

31  material extent or for a material time under such conditions.

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 1         (30)(23)  "Official compendium" means the current

 2  edition of the official United States Pharmacopoeia and

 3  National Formulary, or any supplement thereto.

 4         (31)  "Pedigree paper" means a document in a form

 5  approved by the Department of Health and containing

 6  information that records each distribution of any given legend

 7  drug, from sale by a pharmaceutical manufacturer, through

 8  acquisition and sale by any wholesaler or repackager, until

 9  final sale to a pharmacy or other person administering or

10  dispensing the drug. The information required to be included

11  on a legend drug's pedigree paper must at least detail the

12  amount of the legend drug, its dosage form and strength, its

13  lot numbers, the name and address of each owner of the legend

14  drug and his or her signature, its shipping information,

15  including the name and address of each person certifying

16  delivery or receipt of the legend drug, and a certification

17  that the recipient has authenticated the pedigree papers. It

18  must also include the name, address, telephone number and, if

19  available, e-mail contact information of each wholesaler

20  involved in the chain of the legend drug's custody. The

21  department shall adopt rules and a form relating to the

22  requirements of this paragraph no later than 90 days after the

23  effective date of this act.

24         (32)(24)  "Person" means any individual, child, joint

25  venture, syndicate, fiduciary, partnership, corporation,

26  division of a corporation, firm, trust, business trust,

27  company, estate, public or private institution, association,

28  organization, group, city, county, city and county, political

29  subdivision of this state, other governmental agency within

30  this state, and any representative, agent, or agency of any of

31  

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 1  the foregoing, or any other group or combination of the

 2  foregoing.

 3         (33)(25)  "Prepackaged drug product" means a drug that

 4  originally was in finished packaged form sealed by a

 5  manufacturer and that is placed in a properly labeled

 6  container by a pharmacy or practitioner authorized to dispense

 7  pursuant to chapter 465 for the purpose of dispensing in the

 8  establishment in which the prepackaging occurred.

 9         (34)  "Prescription label" means any display of

10  written, printed, or graphic matter upon the immediate

11  container of any legend drug dispensed pursuant to a

12  prescription of a practitioner authorized by law to prescribe.

13         (35)(26)  "Prescription medical oxygen" means oxygen

14  USP which is a drug that can only be sold on the order or

15  prescription of a practitioner authorized by law to prescribe.

16  The label of prescription medical oxygen must comply with

17  current labeling requirements for oxygen under the Federal

18  Food, Drug, and Cosmetic Act.

19         (36)(27)  "Proprietary drug," or "OTC drug," means a

20  patent or over-the-counter drug in its unbroken, original

21  package, which drug is sold to the public by, or under the

22  authority of, the manufacturer or primary distributor thereof,

23  is not misbranded under the provisions of ss. 499.001-499.081,

24  and can be purchased without a prescription.

25         (37)  "Repackage" includes repacking or otherwise

26  changing the container, wrapper, or labeling to further the

27  distribution of the drug, device, or cosmetic.

28         (38)  "Repackager" means a person who repackages. The

29  term excludes pharmacies that are operating in compliance with

30  pharmacy practice standards as defined in chapter 465 and

31  rules adopted under that chapter.

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 1         (39)(28)  "Veterinary prescription drug" means a legend

 2  drug intended solely for veterinary use.  The label of the

 3  drug must bear the statement, "Caution:  Federal law restricts

 4  this drug to sale by or on the order of a licensed

 5  veterinarian."

 6         Section 4.  Section 499.005, Florida Statutes, is

 7  amended to read:

 8         499.005  Prohibited acts.--It is unlawful for a person

 9  to perform or cause the performance of any of the following

10  acts in this state:

11         (1)  The manufacture, repackaging, sale, delivery, or

12  holding or offering for sale of any drug, device, or cosmetic

13  that is adulterated or misbranded or has otherwise been

14  rendered unfit for human or animal use.

15         (2)  The adulteration or misbranding of any drug,

16  device, or cosmetic.

17         (3)  The receipt of any drug, device, or cosmetic that

18  is adulterated or misbranded, and the delivery or proffered

19  delivery of such drug, device, or cosmetic, for pay or

20  otherwise.

21         (4)  The sale, distribution, purchase, trade, holding,

22  or offering of any drug, device, or cosmetic in violation of

23  ss. 499.001-499.081.

24         (5)  The dissemination of any false or misleading

25  advertisement of a drug, device, or cosmetic.

26         (6)  The refusal or constructive refusal:

27         (a)  To allow the department to enter or inspect an

28  establishment in which drugs, devices, or cosmetics are

29  manufactured, processed, repackaged, sold, brokered, or held;

30         (b)  To allow inspection of any record of that

31  establishment;

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 1         (c)  To allow the department to enter and inspect any

 2  vehicle that is being used to transport drugs, devices, or

 3  cosmetics; or

 4         (d)  To allow the department to take samples of any

 5  drug, device, or cosmetic.

 6         (7)  The purchase or sale of prescription drugs for

 7  wholesale distribution in exchange for currency, as defined in

 8  s. 560.103(6). The giving of a false guaranty or false

 9  undertaking with respect to a drug, device, or cosmetic,

10  except by a person who relied on a guaranty or undertaking to

11  the same effect signed by, and containing the name and address

12  of, the person residing in this state from whom she or he

13  received in good faith the drug, device, or cosmetic.

14         (8)  Committing any act that causes a drug, device, or

15  cosmetic to be a counterfeit drug, device, or cosmetic; or

16  selling, dispensing, or holding for sale a counterfeit drug,

17  device, or cosmetic.

18         (9)  The alteration, mutilation, destruction,

19  obliteration, or removal of the whole or any part of the

20  labeling of a drug, device, or cosmetic, or the doing of any

21  other act with respect to a drug, device, or cosmetic, if the

22  act is done while the drug, device, or cosmetic is held for

23  sale and the act results in the drug, device, or cosmetic

24  being misbranded.

25         (10)  Forging; counterfeiting; simulating; falsely

26  representing any drug, device, or cosmetic; or, without the

27  authority of the manufacturer, using any mark, stamp, tag,

28  label, or other identification device authorized or required

29  by rules adopted under ss. 499.001-499.081.

30         (11)  The use, on the labeling of any drug or in any

31  advertisement relating to such drug, of any representation or

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 1  suggestion that an application of the drug is effective when

 2  it is not or that the drug complies with ss. 499.001-499.081

 3  when it does not.

 4         (12)  The possession of any drug in violation of ss.

 5  499.001-499.081.

 6         (13)  The sale, delivery, holding, or offering for sale

 7  of any self-testing kits designed to tell persons their status

 8  concerning human immunodeficiency virus or acquired immune

 9  deficiency syndrome or related disorders or conditions.  This

10  prohibition shall not apply to home access HIV test kits

11  approved for distribution and sale by the United States Food

12  and Drug Administration.

13         (14)  The purchase or receipt of a legend drug from a

14  person that is not authorized under this chapter to distribute

15  legend drugs to that purchaser or recipient.

16         (15)  The sale or transfer of a legend drug to a person

17  that is not authorized under the law of the jurisdiction in

18  which the person receives the drug to purchase or possess

19  legend drugs from the person selling or transferring the

20  legend drug.

21         (16)  The purchase or receipt of a compressed medical

22  gas from a person that is not authorized under this chapter to

23  distribute compressed medical gases.

24         (17)  The sale, purchase, or trade, or the offer to

25  sell, purchase, or trade, a drug sample as defined in s.

26  499.028; the distribution of a drug sample in violation of s.

27  499.028; or the failure to otherwise comply with s. 499.028.

28         (18)  Failure to maintain records as required by ss.

29  499.001-499.081 and rules adopted under those sections.

30  

31  

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 1         (19)  Providing the department with false or fraudulent

 2  records, or making false or fraudulent statements, regarding

 3  any matter within the provisions of this chapter.

 4         (20)  The importation of a legend drug except as

 5  provided by s. 801(d) of the Federal Food, Drug, and Cosmetic

 6  Act.

 7         (21)  The wholesale distribution of any prescription

 8  drug that was:

 9         (a)  Purchased by a public or private hospital or other

10  health care entity; or

11         (b)  Donated or supplied at a reduced price to a

12  charitable organization.

13         (22)  Failure to obtain a permit or registration, or

14  operating without a valid permit when a permit or registration

15  is required by ss. 499.001-499.081 for that activity.

16         (23)  Obtaining or attempting to obtain a prescription

17  drug or device by fraud, deceit, misrepresentation or

18  subterfuge, or engaging in misrepresentation or fraud in the

19  distribution of a drug or device.

20         (24)  The distribution of a legend device to the

21  patient or ultimate consumer without a prescription or order

22  from a practitioner licensed by law to use or prescribe the

23  device.

24         (25)  Charging a dispensing fee for dispensing,

25  administering, or distributing a prescription drug sample.

26         (26)  Removing a pharmacy's dispensing label from a

27  dispensed prescription drug with the intent to further

28  distribute the prescription drug.

29         (27)  Distributing a prescription drug that was

30  previously dispensed by a licensed pharmacy, unless such

31  

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 1  distribution was authorized in chapter 465 or the rules

 2  adopted under chapter 465.

 3         (28)  Failure to obtain or pass on a pedigree paper

 4  required pursuant to s. 499.0121(6)(d).

 5         (29)  The receipt of a prescription drug pursuant to a

 6  wholesale distribution without first receiving a pedigree

 7  paper that was attested to as accurate and complete by the

 8  wholesale distributor.

 9         Section 5.  Section 499.0051, Florida Statutes, is

10  created to read:

11         499.0051  Criminal acts involving contraband or

12  adulterated drugs.--

13         (1)  FAILURE TO MAINTAIN OR DELIVER PEDIGREE PAPERS.--

14         (a)  A person, other than a manufacturer, engaged in

15  the wholesale distribution of legend drugs who fails to

16  deliver to another person complete and accurate pedigree

17  papers concerning a legend drug or contraband legend drug

18  prior to transferring the legend drug or contraband legend

19  drug to another person commits a felony of the third degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084.

22         (b)  A person engaged in the wholesale distribution of

23  legend drugs who fails to acquire complete and accurate

24  pedigree papers concerning a legend drug or contraband legend

25  drug prior to obtaining the legend drug or contraband legend

26  drug from another person commits a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         (c)  Any person who knowingly destroys, alters,

30  conceals, or fails to maintain complete and accurate pedigree

31  papers concerning any legend drug or contraband legend drug in

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 1  his or her possession commits a felony of the third degree,

 2  punishable as provided in s. 775.082, s. 775.083, or s.

 3  775.084.

 4         (2)  FAILURE TO AUTHENTICATE PEDIGREE PAPERS.--

 5         (a)  A person engaged in the wholesale distribution of

 6  legend drugs who is in possession of pedigree papers

 7  concerning legend drugs or contraband legend drugs and who

 8  fails to authenticate the matters contained in the pedigree

 9  papers and who nevertheless attempts to further distribute

10  legend drugs or contraband legend drug commits a felony of the

11  third degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         (b)  A person in possession of pedigree papers

14  concerning legend drugs or contraband legend drugs who falsely

15  swears or certifies that he or she has authenticated the

16  matters contained in the pedigree papers commits a felony of

17  the third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084.

19         (3)  FORGERY OF PEDIGREE PAPERS.--A person who

20  knowingly forges, counterfeits, or falsely creates any

21  pedigree paper; who falsely represents any factual matter

22  contained on any pedigree paper; or who knowingly omits to

23  record material information required to be recorded in a

24  pedigree paper, commits a felony of the second degree,

25  punishable as provided in s. 775.082, s. 775.083, or s.

26  775.084.

27         (4)  PURCHASE OR RECEIPT OF LEGEND DRUG FROM

28  UNAUTHORIZED PERSON.--A person who knowingly purchases or

29  receives from a person not authorized to distribute legend

30  drugs under this chapter a legend drug in a wholesale

31  distribution transaction commits a felony of the second

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 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084.

 3         (5)  SALE OR TRANSFER OF LEGEND DRUG TO UNAUTHORIZED

 4  PERSON.--A person who knowingly sells or transfers to a person

 5  not authorized to purchase or possess legend drugs, under the

 6  law of the jurisdiction in which the person receives the drug,

 7  a legend drug in a wholesale distribution transaction commits

 8  a felony of the second degree, punishable as provided in s.

 9  775.082, s. 775.083, or s. 775.084.

10         (6)  SALE OR DELIVERY, OR POSSESSION WITH INTENT TO

11  SELL, CONTRABAND LEGEND DRUGS.--A person who is knowingly in

12  actual or constructive possession of any amount of contraband

13  legend drugs, who knowingly sells or delivers, or who

14  possesses with intent to sell or deliver any amount of

15  contraband legend drugs, commits a felony of the second

16  degree, punishable as provided in s. 775.082, s. 775.083, or

17  s. 775.084.

18         (7)  FORGERY OF PRESCRIPTION OR LEGEND DRUG LABELS.--A

19  person who knowingly forges, counterfeits, or falsely creates

20  any prescription label or legend drug label, or who falsely

21  represents any factual matter contained on any prescription

22  label or legend drug label, commits a felony of the first

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         Section 6.  Section 499.0052, Florida Statutes, is

26  created to read:

27         499.0052  Trafficking in contraband legend drugs.--A

28  person who knowingly sells, purchases, manufactures, delivers,

29  or brings into this state, or who is knowingly in actual or

30  constructive possession of any amount of contraband legend

31  drugs valued at $1,000 or more commits a felony of the first

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 1  degree, punishable as provided in s. 775.082, s. 775.083, or

 2  s. 775.084. Upon conviction, each defendant shall be ordered

 3  to pay a mandatory fine according to the following schedule:

 4         (1)  If the value of contraband legend drugs involved

 5  is $1,000 or more, but less than $10,000, the defendant shall

 6  pay a mandatory fine of $25,000. If the defendant is a

 7  corporation or other person that is not a natural person, it

 8  shall pay a mandatory fine of $75,000.

 9         (2)  If the value of contraband legend drugs involved

10  is $10,000 or more, but less than $100,000, the defendant

11  shall pay a mandatory fine of $100,000. If the defendant is a

12  corporation or other person that is not a natural person, it

13  shall pay a mandatory fine of $300,000.

14         (3)  If the value of contraband legend drugs involved

15  is $100,000 or more, the defendant shall pay a mandatory fine

16  of $200,000. If the defendant is a corporation or other person

17  that is not a natural person, it shall pay a mandatory fine of

18  $600,000.

19  

20  As used in this section, the term "value" means the market

21  value of the property at the time and place of the offense or,

22  if such cannot be satisfactorily ascertained, the cost of

23  replacement of the property within a reasonable time after the

24  offense. Amounts of value of separate contraband legend drugs

25  involved in distinct transactions for the distribution of the

26  contraband legend drugs committed pursuant to one scheme or

27  course of conduct, whether involving the same person or

28  several persons, may be aggregated in determining the

29  punishment of the offense.

30         Section 7.  Section 499.0053, Florida Statutes, is

31  created, to read:

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 1         499.0053  Sale or purchase of contraband legend drugs

 2  resulting in great bodily harm.--A person who knowingly sells,

 3  purchases, manufactures, delivers, or brings into this state,

 4  or who is knowingly in actual or constructive possession of

 5  any amount of contraband legend drugs, and whose acts in

 6  violation of this section result in great bodily harm to a

 7  person, commits a felony of the first degree, as provided in

 8  s. 775.082, s. 775.083, or s. 775.084.

 9         Section 8.  Section 499.0054, Florida Statutes, is

10  created to read:

11         499.0054  Sale or purchase of contraband legend drugs

12  resulting in death.--A person who knowingly manufactures,

13  sells, purchases, delivers, or brings into this state, or who

14  is knowingly in actual or constructive possession of any

15  amount of contraband legend drugs, and whose acts in violation

16  of this section result in the death of a person, commits a

17  felony of the first degree, punishable by a term of years not

18  exceeding life, as provided in s. 775.082, s. 775.083, or s.

19  775.084.

20         Section 9.  Section 499.006, Florida Statutes, is

21  amended to read:

22         499.006  Adulterated drug or device.--A drug or device

23  is adulterated:

24         (1)  If it consists in whole or in part of any filthy,

25  putrid, or decomposed substance;

26         (2)  If it has been produced, prepared, packed, or held

27  under conditions whereby it could have been contaminated with

28  filth or rendered injurious to health;

29         (3)  If it is a drug and the methods used in, or the

30  facilities or controls used for, its manufacture, processing,

31  packing, or holding do not conform to, or are not operated or

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 1  administered in conformity with, current good manufacturing

 2  practices to assure that the drug meets the requirements of

 3  ss. 499.001-499.081 and that the drug has the identity and

 4  strength, and meets the standard of quality and purity, which

 5  it purports or is represented to possess;

 6         (4)  If it is a drug and its container is composed, in

 7  whole or in part, of any poisonous or deleterious substance

 8  which could render the contents injurious to health;

 9         (5)  If it is a drug and it bears or contains, for the

10  purpose of coloring only, a color additive that is unsafe

11  within the meaning of the federal act; or, if it is a color

12  additive, the intended use of which in or on drugs is for the

13  purpose of coloring only, and it is unsafe within the meaning

14  of the federal act;

15         (6)  If it purports to be, or is represented as, a drug

16  the name of which is recognized in the official compendium,

17  and its strength differs from, or its quality or purity falls

18  below, the standard set forth in such compendium.  The

19  determination as to strength, quality, or purity must be made

20  in accordance with the tests or methods of assay set forth in

21  such compendium, or, when such tests or methods of assay are

22  absent or inadequate, in accordance with those tests or

23  methods of assay prescribed under authority of the federal

24  act.  A drug defined in the official compendium is not

25  adulterated under this subsection merely because it differs

26  from the standard of strength, quality, or purity set forth

27  for that drug in such compendium if its difference in

28  strength, quality, or purity from such standard is plainly

29  stated on its label;

30         (7)  If it is not subject to subsection (6) and its

31  strength differs from, or its purity or quality falls below

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 1  the standard of, that which it purports or is represented to

 2  possess; or

 3         (8)  If it is a drug:

 4         (a)  With which any substance has been mixed or packed

 5  so as to reduce the quality or strength of the drug; or

 6         (b)  For which any substance has been substituted

 7  wholly or in part;.

 8         (9)  If it is a drug or device for which the expiration

 9  date has passed; or.

10         (10)  If it is a legend drug for which the required

11  pedigree paper is nonexistent, fraudulent, or incomplete under

12  the requirements of ss. 499.001-499.081 or applicable rules,

13  or that has been purchased, held, sold, or distributed at any

14  time by a person not authorized under federal or state law to

15  do so.

16         Section 10.  Subsection (2) of section 499.007, Florida

17  Statutes, is amended to read:

18         499.007  Misbranded drug or device.--A drug or device

19  is misbranded:

20         (2)  Unless, if in package form, it bears a label

21  containing:

22         (a)  The name and place of business of the

23  manufacturer, repackager, or distributor; in addition, for a

24  medicinal drug, as defined in s. 499.003, the label must

25  contain the name and place of business of the manufacturer of

26  the finished dosage form of the drug.  For the purpose of this

27  paragraph, the finished dosage form of a medicinal drug is

28  that form of the drug which is, or is intended to be,

29  dispensed or administered to the patient and requires no

30  further manufacturing or processing other than packaging,

31  reconstitution, and labeling; and

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 1         (b)  An accurate statement of the quantity of the

 2  contents in terms of weight, measure, or numerical count;

 3  however, under this section, reasonable variations are

 4  permitted, and the department shall establish by rule

 5  exemptions for small packages.

 6         Section 11.  Subsections (1) and (3) of section 499.01,

 7  Florida Statutes, are amended to read:

 8         499.01  Permits; applications; renewal; general

 9  requirements.--

10         (1)  Any person that is required under ss.

11  499.001-499.081 to have a permit must apply to the department

12  on forms furnished by the department.

13         (a)  A permit issued pursuant to ss. 499.001-499.081

14  may be issued only to a natural person an individual who is at

15  least 18 years of age or to an applicant that is not a natural

16  person if each person who, directly or indirectly, manages,

17  controls, or oversees the operation of that applicant a

18  corporation that is registered pursuant to chapter 607 or

19  chapter 617 and each officer of which is at least 18 years of

20  age.

21         (b)  An establishment that is a place of residence may

22  not receive a permit and may not operate under ss.

23  499.001-499.081.

24         (c)  A person that applies for or renews a permit to

25  manufacture or distribute legend drugs may not use a name

26  identical to the name used by any other establishment or

27  licensed person authorized to purchase prescription drugs in

28  this state, except that a restricted drug distributor permit

29  issued to a health care entity will be issued in the name in

30  which the institutional pharmacy permit is issued and a retail

31  

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 1  pharmacy drug wholesaler will be issued a permit in the name

 2  of its retail pharmacy permit.

 3         (d)  A permit is required for each establishment that

 4  operates as a:

 5         1.  Prescription drug manufacturer;

 6         2.  Over-the-counter drug manufacturer;

 7         3.  Compressed medical gas manufacturer;

 8         4.  Device manufacturer;

 9         5.  Cosmetic manufacturer;

10         6.  Prescription drug wholesaler;

11         7.  Compressed medical gas wholesaler;

12         8.  Out-of-state prescription drug wholesaler;

13         9.  Retail pharmacy drug wholesaler;

14         10.  Veterinary legend drug retail establishment;

15         11.  Medical oxygen retail establishment;

16         12.  Complimentary drug distributor; or

17         13.  Restricted prescription drug distributor.

18         (e)  A permit for a prescription drug manufacturer,

19  prescription drug wholesaler, or retail pharmacy wholesaler

20  may not be issued to the address of a health care entity or to

21  a pharmacy licensed under chapter 465, except as provided in

22  this paragraph. The department may issue a prescription drug

23  manufacturer permit to an applicant at the same address as a

24  licensed nuclear pharmacy, which is a health care entity, for

25  the purpose of manufacturing prescription drugs used in

26  positron emission tomography or other radiopharmaceuticals, as

27  listed in a rule adopted by the department pursuant to this

28  paragraph. The purpose of this exemption is to assure

29  availability of state-of-the-art pharmaceuticals that would

30  pose a significant danger to the public health if manufactured

31  at a separate establishment address from the nuclear pharmacy

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 1  from which the prescription drugs are dispensed. The

 2  department may also issue a retail pharmacy wholesaler permit

 3  to the address of a community pharmacy licensed under chapter

 4  465 which does not meet the definition of a closed pharmacy in

 5  s. 499.003.

 6         (f)  The department may not issue a permit required by

 7  this part unless the applicant has first obtained all

 8  occupational licenses and other permits or licenses, if any,

 9  required by the county and local government where the

10  applicant's establishment is located. Notwithstanding any

11  other law to the contrary, a county or local government may

12  not require the applicant to first obtain a permit under this

13  part as a condition to issuing the permits or licenses

14  required by county and local laws or ordinances.

15         (g)(f)  Notwithstanding subsection (4), a permitted

16  person in good standing may change the type of permit issued

17  to that person by completing a new application for the

18  requested permit, paying the amount of the difference in the

19  permit fees if the fee for the new permit is more than the fee

20  for the original permit, and meeting the applicable permitting

21  conditions for the new permit type. The new permit expires on

22  the expiration date of the original permit being changed;

23  however, a new permit for a prescription drug wholesaler, an

24  out-of-state prescription drug wholesaler, or a retail

25  pharmacy drug wholesaler shall expire on the expiration date

26  of the original permit or 1 year after the date of issuance of

27  the new permit, whichever is earlier. A refund may not be

28  issued if the biennial fee for the new permit is less than the

29  fee that was paid original permit for which a fee was paid.

30         (3)  The department shall adopt rules for the biennial

31  renewal of permits.

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 1         (a)  The department shall renew a permit upon receipt

 2  of the renewal application and renewal fee if the applicant

 3  meets the requirements established under ss. 499.001-499.081

 4  and the rules adopted under those sections.

 5         (b)  A permit, unless sooner suspended or revoked,

 6  automatically expires 2 years after the last day of the

 7  anniversary month in which the permit was originally issued;

 8  except that a prescription drug wholesaler permit, an

 9  out-of-state prescription drug wholesaler permit, and a retail

10  pharmacy wholesaler permit issued from July 1, 2003 through

11  December 31, 2003, shall expire 1 year after the last day of

12  the anniversary month in which the permit was issued. Any

13  valid permit issued by the department on or before June 30,

14  2003, with an expiration date between January 1, 2005, and

15  June 30, 2005, shall automatically expire 1 year prior to the

16  expiration date stated on the permit. A permittee that submits

17  a renewal application for a permit with a stated expiration

18  date between January 1, 2005, and June 30, 2005, shall receive

19  a credit of one-half of the permit fee paid when the

20  application for the expiring permit was submitted. Any valid

21  permit issued by the department on or before June 30, 2003,

22  with an expiration date between July 1, 2004, and December 31,

23  2004, shall automatically expire 6 months prior to the

24  expiration date stated on the permit. A permittee that submits

25  a renewal application for a permit with a stated expiration

26  date between July 1, 2004, and December 31, 2004, shall

27  receive a credit of one-fourth of the permit fee paid when the

28  application for the expiring permit was submitted. A permittee

29  whose permit expiration date was accelerated in this paragraph

30  may request a pro rata refund equivalent to the credit

31  available for submission of a renewal application if the

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 1  permittee does not submit a renewal application. A permit

 2  issued under ss. 499.001-499.081 may must be renewed by making

 3  application for renewal on forms furnished by the department

 4  and paying the appropriate fees.  If a renewal application and

 5  fee are not submitted and postmarked after by the expiration

 6  date of the permit, the permit may be renewed reinstated only

 7  upon payment of a late renewal delinquent fee of $100, plus

 8  the required renewal fee, not later than within 60 days after

 9  the expiration date.

10         (c)  Failure to renew a permit in accordance with this

11  section precludes any future renewal of that permit. If a

12  permit issued pursuant to this section has expired and cannot

13  be renewed, before an establishment may engage in activities

14  that require a permit under ss. 499.001-499.081, the

15  establishment must submit an application for a new permit, pay

16  the applicable application fee, the initial permit fee, and

17  all applicable penalties, and be issued a new permit by the

18  department. Continuing to engage in activities that require a

19  permit under ss. 499.001-499.081 requires a new permit

20  application and payment of an application fee, initial permit

21  fee, and applicable penalties.

22         Section 12.  Effective January 1, 2004, section 499.01,

23  Florida Statutes, as amended by this act, is amended to read:

24         499.01  Permits; applications; renewal; general

25  requirements.--

26         (1)  Prior to operating, a permit is required for each

27  person and establishment that intends to operate as:

28         (a)  A prescription drug manufacturer;

29         (b)  A prescription drug repackager;

30         (c)  An over-the-counter drug manufacturer;

31         (d)  A compressed medical gas manufacturer;

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 1         (e)  A device manufacturer;

 2         (f)  A cosmetic manufacturer;

 3         (g)  A prescription drug wholesaler;

 4         (h)  A compressed medical gas wholesaler;

 5         (i)  An out-of-state prescription drug wholesaler;

 6         (j)  A nonresident prescription drug manufacturer;

 7         (k)  A freight forwarder;

 8         (l)  A retail pharmacy drug wholesaler;

 9         (m)  A veterinary legend drug retail establishment;

10         (n)  A medical oxygen retail establishment;

11         (o)  A complimentary drug distributor; or

12         (p)  A restricted prescription drug distributor.

13         (1)  Any person that is required under ss.

14  499.001-499.081 to have a permit must apply to the department

15  on forms furnished by the department.

16         (2)(a)  A permit issued pursuant to ss. 499.001-499.081

17  may be issued only to a natural person who is at least 18

18  years of age or to an applicant that is not a natural person

19  if each person who, directly or indirectly, manages, controls,

20  or oversees the operation of that applicant is at least 18

21  years of age.

22         (b)  An establishment that is a place of residence may

23  not receive a permit and may not operate under ss.

24  499.001-499.081.

25         (c)  A person that applies for or renews a permit to

26  manufacture or distribute legend drugs may not use a name

27  identical to the name used by any other establishment or

28  licensed person authorized to purchase prescription drugs in

29  this state, except that a restricted drug distributor permit

30  issued to a health care entity will be issued in the name in

31  which the institutional pharmacy permit is issued and a retail

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 1  pharmacy drug wholesaler will be issued a permit in the name

 2  of its retail pharmacy permit.

 3         (d)  A permit is required for each establishment that

 4  operates as a:

 5         1.  Prescription drug manufacturer;

 6         2.  Over-the-counter drug manufacturer;

 7         3.  Compressed medical gas manufacturer;

 8         4.  Device manufacturer;

 9         5.  Cosmetic manufacturer;

10         6.  Prescription drug wholesaler;

11         7.  Compressed medical gas wholesaler;

12         8.  Out-of-state prescription drug wholesaler;

13         9.  Retail pharmacy drug wholesaler;

14         10.  Veterinary legend drug retail establishment;

15         11.  Medical oxygen retail establishment;

16         12.  Complimentary drug distributor; or

17         13.  Restricted prescription drug distributor.

18         (d)(e)  A permit for a prescription drug manufacturer,

19  prescription drug repackager, prescription drug wholesaler, or

20  retail pharmacy wholesaler may not be issued to the address of

21  a health care entity or to a pharmacy licensed under chapter

22  465, except as provided in this paragraph. The department may

23  issue a prescription drug manufacturer permit to an applicant

24  at the same address as a licensed nuclear pharmacy, which is a

25  health care entity, for the purpose of manufacturing

26  prescription drugs used in positron emission tomography or

27  other radiopharmaceuticals, as listed in a rule adopted by the

28  department pursuant to this paragraph. The purpose of this

29  exemption is to assure availability of state-of-the-art

30  pharmaceuticals that would pose a significant danger to the

31  public health if manufactured at a separate establishment

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 1  address from the nuclear pharmacy from which the prescription

 2  drugs are dispensed. The department may also issue a retail

 3  pharmacy wholesaler permit to the address of a community

 4  pharmacy licensed under chapter 465 which does not meet the

 5  definition of a closed pharmacy in s. 499.003.

 6         (e)(f)  The department may not issue a permit required

 7  by this part unless the applicant has first obtained all

 8  occupational licenses and other permits or licenses, if any,

 9  required by the county and local government where the

10  applicant's establishment is located. Notwithstanding any

11  other law to the contrary, a county or local government may

12  not require the applicant to first obtain a permit under this

13  part as a condition to issuing the permits or licenses

14  required by county and local laws or ordinances.

15         (3)(g)  Notwithstanding subsection (7)(4), a permitted

16  person in good standing may change the type of permit issued

17  to that person by completing a new application for the

18  requested permit, paying the amount of the difference in the

19  permit fees if the fee for the new permit is more than the fee

20  for the original permit, and meeting the applicable permitting

21  conditions for the new permit type. The new permit expires on

22  the expiration date of the original permit being changed;

23  however, a new permit for a prescription drug wholesaler, an

24  out-of-state prescription drug wholesaler, or a retail

25  pharmacy drug wholesaler shall expire on the expiration date

26  of the original permit or 1 year after the date of issuance of

27  the new permit, whichever is earlier. A refund may not be

28  issued if the fee for the new permit is less than the fee that

29  was paid original permit.

30         (4)(2)  A written application for a permit or to renew

31  a permit must be filed with the department on forms furnished

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 1  by the department. The department shall establish, by rule,

 2  the form and content of the application to obtain or renew a

 3  permit.  The applicant must submit to the department with the

 4  application a statement that swears or affirms that the

 5  information contained in the application is true and correct.

 6         (5)(a)  Except for a permit for prescription drug

 7  wholesaler, an out-of-state prescription drug wholesaler, or a

 8  retail pharmacy drug wholesaler, an application for a permit

 9  must include Information that an applicant must provide

10  includes, but need not be limited to:

11         1.  The name, full business address, and telephone

12  number of the applicant;

13         2.  All trade or business names used by the applicant;

14         3.  The address, telephone numbers, and the names of

15  contact persons for each facility used by the applicant for

16  the storage, handling, and distribution of prescription drugs;

17         4.  The type of ownership or operation, such as a

18  partnership, corporation, or sole proprietorship; and

19         5.  The names of the owner and the operator of the

20  establishment, including:

21         a.  If an individual, the name of the individual;

22         b.  If a partnership, the name of each partner and the

23  name of the partnership;

24         c.  If a corporation, the name and title of each

25  corporate officer and director, the corporate names, and the

26  name of the state of incorporation;

27         d.  If a sole proprietorship, the full name of the sole

28  proprietor and the name of the business entity; and

29         e.  If a limited liability company, the name of each

30  member, the name of each manager, the name of the limited

31  

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 1  liability company, and the name of the state in which the

 2  limited liability company was organized; and

 3         f.e.  Any other relevant information that the

 4  department requires.

 5         (b)  Upon approval of the application by the department

 6  and payment of the required fee, the department shall issue a

 7  permit to the applicant, if the applicant meets the

 8  requirements of ss. 499.001-499.081 and rules adopted under

 9  those sections.

10         (c)  Any change in information required under paragraph

11  (a) must be submitted to the department before the change

12  occurs.

13         (d)  The department shall consider, at a minimum, the

14  following factors in reviewing the qualifications of persons

15  to be permitted under ss. 499.001-499.081:

16         1.  The applicant's having been found guilty,

17  regardless of adjudication, in a court of this state or other

18  jurisdiction, of a violation of a law that directly relates to

19  a drug, device, or cosmetic.  A plea of nolo contendere

20  constitutes a finding of guilt for purposes of this

21  subparagraph.

22         2.  The applicant's having been disciplined by a

23  regulatory agency in any state for any offense that would

24  constitute a violation of ss. 499.001-499.081.

25         3.  Any felony conviction of the applicant under a

26  federal, state, or local law;

27         4.  The applicant's past experience in manufacturing or

28  distributing drugs, devices, or cosmetics;

29         5.  The furnishing by the applicant of false or

30  fraudulent material in any application made in connection with

31  manufacturing or distributing drugs, devices, or cosmetics;

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 1         6.  Suspension or revocation by a federal, state, or

 2  local government of any permit currently or previously held by

 3  the applicant for the manufacture or distribution of any

 4  drugs, devices, or cosmetics;

 5         7.  Compliance with permitting requirements under any

 6  previously granted permits;

 7         8.  Compliance with requirements to maintain or make

 8  available to the state permitting authority or to federal,

 9  state, or local law enforcement officials those records

10  required under this section; and

11         9.  Any other factors or qualifications the department

12  considers relevant to and consistent with the public health

13  and safety.

14         (6)  Except for permits for prescription drug

15  wholesalers, out-of-state prescription drug wholesalers, and

16  retail pharmacy drug wholesalers:

17         (a)(3)  The department shall adopt rules for the

18  biennial renewal of permits.

19         (b)(a)  The department shall renew a permit upon

20  receipt of the renewal application and renewal fee if the

21  applicant meets the requirements established under ss.

22  499.001-499.081 and the rules adopted under those sections.

23         (c)(b)  A permit, unless sooner suspended or revoked,

24  automatically expires 2 years after the last day of the

25  anniversary month in which the permit was originally issued;

26  except that a prescription drug wholesaler permit, an

27  out-of-state prescription drug wholesaler permit, and a retail

28  pharmacy wholesaler permit issued from July 1, 2003 through

29  December 31, 2003, shall expire 1 year after the last day of

30  the anniversary month in which the permit was issued. Any

31  valid permit issued by the department on or before June 30,

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 1  2003, with an expiration date between January 1, 2005, and

 2  June 30, 2005, shall automatically expire 1 year prior to the

 3  expiration date stated on the permit. A permittee that submits

 4  a renewal application for a permit with a stated expiration

 5  date between January 1, 2005, and June 30, 2005, shall receive

 6  a credit of one-half of the permit fee paid when the

 7  application for the expiring permit was submitted. Any valid

 8  permit issued by the department on or before June 30, 2003,

 9  with an expiration date between July 1, 2004, and December 31,

10  2004, shall automatically expire 6 months prior to the

11  expiration date stated on the permit. A permittee that submits

12  a renewal application for a permit with a stated expiration

13  date between July 1, 2004, and December 31, 2004, shall

14  receive a credit of one-fourth of the permit fee paid when the

15  application for the expiring permit was submitted. A permittee

16  whose permit expiration date was accelerated in this paragraph

17  may request a pro rata refund equivalent to the credit

18  available for submission of a renewal application if the

19  permittee does not submit a renewal application. A permit

20  issued under ss. 499.001-499.081 may be renewed by making

21  application for renewal on forms furnished by the department

22  and paying the appropriate fees.  If a renewal application and

23  fee are submitted and postmarked after the expiration date of

24  the permit, the permit may be renewed only upon payment of a

25  late renewal delinquent fee of $100, plus the required renewal

26  fee, not later than 60 days after the expiration date.

27         (d)(c)  Failure to renew a permit in accordance with

28  this section precludes any future renewal of that permit. If a

29  permit issued pursuant to this section has expired and cannot

30  be renewed, before an establishment may engage in activities

31  that require a permit under ss. 499.001-499.081, the

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 1  establishment must submit an application for a new permit, pay

 2  the applicable application fee, the initial permit fee, and

 3  all applicable penalties, and be issued a new permit by the

 4  department.

 5         (7)(4)  A permit issued by the department is

 6  nontransferable.  Each permit is valid only for the person or

 7  governmental unit to which it is issued and is not subject to

 8  sale, assignment, or other transfer, voluntarily or

 9  involuntarily; nor is a permit valid for any establishment

10  other than the establishment for which it was originally

11  issued.

12         (a)  A person permitted under ss. 499.001-499.081 must

13  notify the department before making a change of address.  The

14  department shall set a change of location fee not to exceed

15  $100.

16         (b)1.  An application for a new permit is required when

17  a majority of the ownership or controlling interest of a

18  permitted establishment is transferred or assigned or when a

19  lessee agrees to undertake or provide services to the extent

20  that legal liability for operation of the establishment will

21  rest with the lessee.  The application for the new permit must

22  be made before the date of the sale, transfer, assignment, or

23  lease.

24         2.  A permittee that is authorized to distribute legend

25  drugs may transfer such drugs to the new owner or lessee under

26  subparagraph 1. only after the new owner or lessee has been

27  approved for a permit to distribute legend drugs.

28         (c)  The department shall deny, suspend, or revoke the

29  permit of any person or establishment if the assignment, sale,

30  transfer, or lease of an establishment permitted under ss.

31  

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 1  499.001-499.081 will avoid an administrative penalty, civil

 2  action, or criminal prosecution.

 3         (c)(d)  If an establishment permitted under ss.

 4  499.001-499.081 closes, the owner must notify the department

 5  in writing before the effective date of closure and must:

 6         1.  Return the permit to the department;

 7         2.  If the permittee is authorized to distribute legend

 8  drugs, indicate the disposition of such drugs, including the

 9  name, address, and inventory, and provide the name and address

10  of a person to contact regarding access to records that are

11  required to be maintained under ss. 499.001-499.081.  Transfer

12  of ownership of legend drugs may be made only to persons

13  authorized to possess legend drugs under ss. 499.001-499.081.

14  

15  The department may revoke the permit of any person that fails

16  to comply with the requirements of this subsection.

17         (8)(5)  A permit must be posted in a conspicuous place

18  on the licensed premise.

19         Section 13.  Section 499.012, Florida Statutes, is

20  amended to read:

21         499.012  Wholesale distribution; definitions; permits;

22  applications; general requirements.--

23         (1)  As used in this section, the term:

24         (a)  "Wholesale distribution" means distribution of

25  prescription drugs to persons other than a consumer or

26  patient, but does not include:

27         1.  Any of the following activities, which is not a

28  violation of s. 499.005(21) if such activity is conducted in

29  accordance with s. 499.014:

30         a.  The purchase or other acquisition by a hospital or

31  other health care entity that is a member of a group

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 1  purchasing organization of a prescription drug for its own use

 2  from the group purchasing organization or from other hospitals

 3  or health care entities that are members of that organization.

 4         b.  The sale, purchase, or trade of a prescription drug

 5  or an offer to sell, purchase, or trade a prescription drug by

 6  a charitable organization described in s. 501(c)(3) of the

 7  Internal Revenue Code of 1986, as amended and revised, to a

 8  nonprofit affiliate of the organization to the extent

 9  otherwise permitted by law.

10         c.  The sale, purchase, or trade of a prescription drug

11  or an offer to sell, purchase, or trade a prescription drug

12  among hospitals or other health care entities that are under

13  common control. For purposes of this section, "common control"

14  means the power to direct or cause the direction of the

15  management and policies of a person or an organization,

16  whether by ownership of stock, by voting rights, by contract,

17  or otherwise.

18         d.  The sale, purchase, trade, or other transfer of a

19  prescription drug from or for any federal, state, or local

20  government agency or any entity eligible to purchase

21  prescription drugs at public health services prices pursuant

22  to Pub. L. No. 102-585, s. 602 to a contract provider or its

23  subcontractor for eligible patients of the agency or entity

24  under the following conditions:

25         (I)  The agency or entity must obtain written

26  authorization for the sale, purchase, trade, or other transfer

27  of a prescription drug under this sub-subparagraph from the

28  Secretary of Health or his or her designee.

29         (II)  The contract provider or subcontractor must be

30  authorized by law to administer or dispense prescription

31  drugs.

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 1         (III)  In the case of a subcontractor, the agency or

 2  entity must be a party to and execute the subcontract.

 3         (IV)  A contract provider or subcontractor must

 4  maintain separate and apart from other prescription drug

 5  inventory any prescription drugs of the agency or entity in

 6  its possession.

 7         (V)  The contract provider and subcontractor must

 8  maintain and produce immediately for inspection all records of

 9  movement or transfer of all the prescription drugs belonging

10  to the agency or entity, including, but not limited to, the

11  records of receipt and disposition of prescription drugs. Each

12  contractor and subcontractor dispensing or administering these

13  drugs must maintain and produce records documenting the

14  dispensing or administration. Records that are required to be

15  maintained include, but are not limited to, a perpetual

16  inventory itemizing drugs received and drugs dispensed by

17  prescription number or administered by patient identifier,

18  which must be submitted to the agency or entity quarterly.

19         (VI)  The contract provider or subcontractor may

20  administer or dispense the prescription drugs only to the

21  eligible patients of the agency or entity or must return the

22  prescription drugs for or to the agency or entity. The

23  contract provider or subcontractor must require proof from

24  each person seeking to fill a prescription or obtain treatment

25  that the person is an eligible patient of the agency or entity

26  and must, at a minimum, maintain a copy of this proof as part

27  of the records of the contractor or subcontractor required

28  under sub-sub-subparagraph (V).

29         (VII)  In addition to the departmental inspection

30  authority set forth in s. 499.051, the establishment of the

31  contract provider and subcontractor and all records pertaining

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 1  to prescription drugs subject to this sub-subparagraph shall

 2  be subject to inspection by the agency or entity. All records

 3  relating to prescription drugs of a manufacturer under this

 4  sub-subparagraph shall be subject to audit by the manufacturer

 5  of those drugs, without identifying individual patient

 6  information.

 7         2.  Any of the following activities, which is not a

 8  violation of s. 499.005(21) if such activity is conducted in

 9  accordance with rules established by the department:

10         a.  The sale, purchase, or trade of a prescription drug

11  among federal, state, or local government health care entities

12  that are under common control and are authorized to purchase

13  such prescription drug.

14         b.  The sale, purchase, or trade of a prescription drug

15  or an offer to sell, purchase, or trade a prescription drug

16  for emergency medical reasons. For purposes of this

17  sub-subparagraph, the term "emergency medical reasons"

18  includes transfers of prescription drugs by a retail pharmacy

19  to another retail pharmacy to alleviate a temporary shortage.

20         c.  The transfer of a prescription drug acquired by a

21  medical director on behalf of a licensed emergency medical

22  services provider to that emergency medical services provider

23  and its transport vehicles for use in accordance with the

24  provider's license under chapter 401.

25         d.  The revocation of a sale or the return of a

26  prescription drug to the person's prescription drug wholesale

27  supplier.

28         e.  The donation of a prescription drug by a health

29  care entity to a charitable organization that has been granted

30  an exemption under s. 501(c)(3) of the Internal Revenue Code

31  

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 1  of 1986, as amended, and that is authorized to possess

 2  prescription drugs.

 3         f.  The transfer of a prescription drug by a person

 4  authorized to purchase or receive prescription drugs to a

 5  person licensed or permitted to handle reverse distributions

 6  or destruction under the laws of the jurisdiction in which the

 7  person handling the reverse distribution or destruction

 8  receives the drug.

 9         g.  The transfer of a prescription drug by a hospital

10  or other health care entity to a person licensed under this

11  chapter to repackage prescription drugs for the purpose of

12  repackaging the prescription drug for use by that hospital, or

13  other health care entity and other health care entities that

14  are under common control, if ownership of the prescription

15  drugs remains with the hospital or other health care entity at

16  all times. In addition to the recordkeeping requirements of s.

17  499.0121(6), the hospital or health care entity that transfers

18  prescription drugs pursuant to this sub-subparagraph must

19  reconcile all drugs transferred and returned and resolve any

20  discrepancies in a timely manner.

21         3.  The distribution of prescription drug samples by

22  manufacturers' representatives or distributors'

23  representatives conducted in accordance with s. 499.028.

24         4.  The sale, purchase, or trade of blood and blood

25  components intended for transfusion. As used in this

26  subparagraph, the term "blood" means whole blood collected

27  from a single donor and processed either for transfusion or

28  further manufacturing, and the term "blood components" means

29  that part of the blood separated by physical or mechanical

30  means.

31  

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 1         5.  The lawful dispensing of a prescription drug in

 2  accordance with chapter 465.

 3         (b)  "Wholesale distributor" means any person engaged

 4  in wholesale distribution of prescription drugs in or into

 5  this state, including, but not limited to, manufacturers;

 6  repackagers repackers; own-label distributors; jobbers;

 7  private-label distributors; brokers; warehouses, including

 8  manufacturers' and distributors' warehouses, chain drug

 9  warehouses, and wholesale drug warehouses; independent

10  wholesale drug traders; exporters; retail pharmacies; and the

11  agents thereof that conduct wholesale distributions.

12         (c)  "Retail pharmacy" means a community pharmacy

13  licensed under chapter 465 that purchases prescription drugs

14  at fair market prices and provides prescription services to

15  the public.

16         (2)  The following types of wholesaler permits are

17  established:

18         (a)  A prescription drug wholesaler's permit. A

19  prescription drug wholesaler is a wholesale distributor that

20  may engage in the wholesale distribution of prescription

21  drugs. A prescription drug wholesaler that applies to the

22  department for a new permit or the renewal of a permit after

23  July 1, 2003 January 1, 1993, must submit a bond of $100,000,

24  or other equivalent means of security acceptable to the

25  department, such as an irrevocable letter of credit or a

26  deposit in a trust account or financial institution $200,

27  payable to the Florida Drug, Device, and Cosmetic Trust Fund.

28  The purpose of the bond is to secure payment of any

29  administrative penalties imposed by the department and any

30  fees and costs incurred by the department regarding that

31  permit which are authorized under state law and which the

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 1  permittee fails to pay 30 days after the fine or costs become

 2  final. The department may make a claim against such bond or

 3  security until 1 year after the permittee's license ceases to

 4  be valid or until 60 days after any administrative or legal

 5  proceeding authorized in ss. 499.001-499.081 which involves

 6  the permittee is concluded, including any appeal, whichever

 7  occurs later. This bond will be refunded to the permittee when

 8  the permit is returned to the department and the permittee

 9  ceases to function as a business. A permittee that fails to

10  notify the department before changing the address of the

11  business, fails to notify the department before closing the

12  business, or fails to notify the department before a change of

13  ownership forfeits its bond. The department may adopt rules

14  for issuing a prescription drug wholesaler-broker permit to a

15  person who engages in the wholesale distribution of

16  prescription drugs and does not take physical possession of

17  any prescription drugs.

18         (b)  A compressed medical gas wholesaler's permit. A

19  compressed medical gas wholesaler is a wholesale distributor

20  that is limited to the wholesale distribution of compressed

21  medical gases to other than the consumer or patient. The

22  compressed medical gas must be in the original sealed

23  container that was purchased by that wholesaler. A compressed

24  medical gas wholesaler may not possess or engage in the

25  wholesale distribution of any prescription drug other than

26  compressed medical gases. The department shall adopt rules

27  that govern the wholesale distribution of prescription medical

28  oxygen for emergency use. With respect to the emergency use of

29  prescription medical oxygen, those rules may not be

30  inconsistent with rules and regulations of federal agencies

31  unless the Legislature specifically directs otherwise.

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 1         (c)  An out-of-state prescription drug wholesaler's

 2  permit. An out-of-state prescription drug wholesaler is a

 3  wholesale distributor located outside this state which engages

 4  in the wholesale distribution of prescription drugs into this

 5  state and which must be permitted by the department and comply

 6  with all the provisions required of a wholesale distributor

 7  under ss. 499.001-499.081. An out-of-state prescription drug

 8  wholesaler that applies to the department for a new permit or

 9  the renewal of a permit after July 1, 2003, must submit a bond

10  of $100,000, or other equivalent means of security acceptable

11  to the department, such as an irrevocable letter of credit or

12  a deposit in a trust account or financial institution, payable

13  to the Florida Drug, Device, and Cosmetic Trust Fund. The

14  purpose of the bond is to secure payment of any administrative

15  penalties imposed by the department and any fees and costs

16  incurred by the department regarding that permit which are

17  authorized under state law and which the permittee fails to

18  pay 30 days after the fine or costs become final. The

19  department may make a claim against such bond or security

20  until 1 year after the permittee's license ceases to be valid

21  or until 60 days after any administrative or legal proceeding

22  authorized in ss. 499.001-499.081 which involves the permittee

23  is concluded, including any appeal, whichever occurs later.

24         1.  The out-of-state drug wholesaler must maintain at

25  all times a license or permit to engage in the wholesale

26  distribution of prescription drugs in compliance with laws of

27  the state in which it is a resident.

28         2.  An out-of-state prescription drug wholesaler's

29  permit is not required for an intracompany sale or transfer of

30  a prescription drug from an out-of-state establishment that is

31  duly licensed as a prescription drug wholesaler, in its state

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 1  of residence, to a licensed prescription drug wholesaler in

 2  this state, if both wholesalers conduct wholesale

 3  distributions of prescription drugs under the same business

 4  name are under common control. The recordkeeping requirements

 5  of s. 499.0121(6) must be followed for this transaction.

 6         3.  The department may adopt rules that allow

 7  out-of-state drug wholesalers to obtain a drug wholesale

 8  permit on the basis of reciprocity to the extent that an

 9  out-of-state drug wholesaler:

10         a.  Possesses a valid permit granted by another state

11  that has requirements comparable to those that a drug

12  wholesaler in this state must meet as prerequisites to

13  obtaining a permit under the laws of this state.

14         b.  Can show that the other state from which the

15  wholesaler holds a permit would extend reciprocal treatment

16  under its own laws to a drug wholesaler of this state.

17         (d)  A retail pharmacy wholesaler's permit. A retail

18  pharmacy wholesaler is a retail pharmacy engaged in wholesale

19  distribution of prescription drugs within this state under the

20  following conditions:

21         1.  The pharmacy must obtain a retail pharmacy

22  wholesaler's permit pursuant to ss. 499.001-499.081 and the

23  rules adopted under those sections.

24         2.  The wholesale distribution activity does not exceed

25  30 percent of the total annual purchases of prescription

26  drugs. If the wholesale distribution activity exceeds the

27  30-percent maximum, the pharmacy must obtain a prescription

28  drug wholesaler's permit.

29         3.  The transfer of prescription drugs that appear in

30  any schedule contained in chapter 893 is subject to chapter

31  

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 1  893 and the federal Comprehensive Drug Abuse Prevention and

 2  Control Act of 1970.

 3         4.  The transfer is between a retail pharmacy and

 4  another retail pharmacy, or a Modified Class II institutional

 5  pharmacy, or a health care practitioner licensed in this state

 6  and authorized by law to dispense or prescribe prescription

 7  drugs.

 8         5.  All records of sales of prescription drugs subject

 9  to this section must be maintained separate and distinct from

10  other records and comply with the recordkeeping requirements

11  of ss. 499.001-499.081.

12         (3)  A person that engages in wholesale distribution of

13  prescription drugs in this state must have a wholesale

14  distributor's permit issued by the department, except as noted

15  in this section. Each establishment must be separately

16  permitted except as noted in this subsection.

17         (a)  A separate establishment permit is not required

18  when a permitted prescription drug wholesaler consigns a

19  prescription drug to a pharmacy that is permitted under

20  chapter 465 and located in this state, provided that:

21         1.  The consignor wholesaler notifies the department in

22  writing of the contract to consign prescription drugs to a

23  pharmacy along with the identity and location of each

24  consignee pharmacy;

25         2.  The pharmacy maintains its permit under chapter

26  465;

27         3.  The consignor wholesaler, which has no legal

28  authority to dispense prescription drugs, complies with all

29  wholesale distribution requirements of s. 499.0121 with

30  respect to the consigned drugs and maintains records

31  

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 1  documenting the transfer of title or other completion of the

 2  wholesale distribution of the consigned prescription drugs;

 3         4.  The distribution of the prescription drug is

 4  otherwise lawful under this chapter and other applicable law;

 5         5.  Open packages containing prescription drugs within

 6  a pharmacy are the responsibility of the pharmacy, regardless

 7  of how the drugs are titled; and

 8         6.  The pharmacy dispenses the consigned prescription

 9  drug in accordance with the limitations of its permit under

10  chapter 465 or returns the consigned prescription drug to the

11  consignor wholesaler. In addition, a person who holds title to

12  prescription drugs may transfer the drugs to a person

13  permitted or licensed to handle the reverse distribution or

14  destruction of drugs. Any other distribution by and means of

15  the consigned prescription drug by any person, not limited to

16  the consignor wholesaler or consignee pharmacy, to any other

17  person is prohibited.

18         (b)  A wholesale distributor's permit is not required

19  for the one-time transfer of title of a pharmacy's lawfully

20  acquired prescription drug inventory by a pharmacy with a

21  valid permit issued under chapter 465 to a consignor

22  prescription drug wholesaler, permitted under this chapter, in

23  accordance with a written consignment agreement between the

24  pharmacy and that wholesaler if:  the permitted pharmacy and

25  the permitted prescription drug wholesaler comply with all of

26  the provisions of paragraph (a) and the prescription drugs

27  continue to be within the permitted pharmacy's inventory for

28  dispensing in accordance with the limitations of the pharmacy

29  permit under chapter 465. A consignor drug wholesaler may not

30  use the pharmacy as a wholesale distributor through which it

31  distributes the legend drugs to other pharmacies. Nothing in

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 1  this section is intended to prevent a wholesale drug

 2  distributor from obtaining this inventory in the event of

 3  nonpayment by the pharmacy.

 4         (c)  The department shall require information from each

 5  wholesale distributor as part of the permit and renewal of

 6  such permit, as required under s. 499.01.

 7         (4)  Personnel employed in wholesale distribution must

 8  have appropriate education and experience to enable them to

 9  perform their duties in compliance with state permitting

10  requirements.

11         (5)  The department may adopt rules governing the

12  recordkeeping, storage, and handling with respect to each of

13  the distributions of prescription drugs specified in

14  subparagraphs (1)(a)1.-4.

15         Section 14.  Effective January 1, 2004, section

16  499.012, Florida Statutes, as amended by this act, is amended

17  to read:

18         499.012  Wholesale distribution; definitions; permits;

19  applications; general requirements.--

20         (1)  As used in this section, the term:

21         (a)  "Wholesale distribution" means distribution of

22  prescription drugs to persons other than a consumer or

23  patient, but does not include:

24         1.  Any of the following activities, which is not a

25  violation of s. 499.005(21) if such activity is conducted in

26  accordance with s. 499.014:

27         a.  The purchase or other acquisition by a hospital or

28  other health care entity that is a member of a group

29  purchasing organization of a prescription drug for its own use

30  from the group purchasing organization or from other hospitals

31  or health care entities that are members of that organization.

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 1         b.  The sale, purchase, or trade of a prescription drug

 2  or an offer to sell, purchase, or trade a prescription drug by

 3  a charitable organization described in s. 501(c)(3) of the

 4  Internal Revenue Code of 1986, as amended and revised, to a

 5  nonprofit affiliate of the organization to the extent

 6  otherwise permitted by law.

 7         c.  The sale, purchase, or trade of a prescription drug

 8  or an offer to sell, purchase, or trade a prescription drug

 9  among hospitals or other health care entities that are under

10  common control. For purposes of this section, "common control"

11  means the power to direct or cause the direction of the

12  management and policies of a person or an organization,

13  whether by ownership of stock, by voting rights, by contract,

14  or otherwise.

15         d.  The sale, purchase, trade, or other transfer of a

16  prescription drug from or for any federal, state, or local

17  government agency or any entity eligible to purchase

18  prescription drugs at public health services prices pursuant

19  to Pub. L. No. 102-585, s. 602 to a contract provider or its

20  subcontractor for eligible patients of the agency or entity

21  under the following conditions:

22         (I)  The agency or entity must obtain written

23  authorization for the sale, purchase, trade, or other transfer

24  of a prescription drug under this sub-subparagraph from the

25  Secretary of Health or his or her designee.

26         (II)  The contract provider or subcontractor must be

27  authorized by law to administer or dispense prescription

28  drugs.

29         (III)  In the case of a subcontractor, the agency or

30  entity must be a party to and execute the subcontract.

31  

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 1         (IV)  A contract provider or subcontractor must

 2  maintain separate and apart from other prescription drug

 3  inventory any prescription drugs of the agency or entity in

 4  its possession.

 5         (V)  The contract provider and subcontractor must

 6  maintain and produce immediately for inspection all records of

 7  movement or transfer of all the prescription drugs belonging

 8  to the agency or entity, including, but not limited to, the

 9  records of receipt and disposition of prescription drugs. Each

10  contractor and subcontractor dispensing or administering these

11  drugs must maintain and produce records documenting the

12  dispensing or administration. Records that are required to be

13  maintained include, but are not limited to, a perpetual

14  inventory itemizing drugs received and drugs dispensed by

15  prescription number or administered by patient identifier,

16  which must be submitted to the agency or entity quarterly.

17         (VI)  The contract provider or subcontractor may

18  administer or dispense the prescription drugs only to the

19  eligible patients of the agency or entity or must return the

20  prescription drugs for or to the agency or entity. The

21  contract provider or subcontractor must require proof from

22  each person seeking to fill a prescription or obtain treatment

23  that the person is an eligible patient of the agency or entity

24  and must, at a minimum, maintain a copy of this proof as part

25  of the records of the contractor or subcontractor required

26  under sub-sub-subparagraph (V).

27         (VII)  In addition to the departmental inspection

28  authority set forth in s. 499.051, the establishment of the

29  contract provider and subcontractor and all records pertaining

30  to prescription drugs subject to this sub-subparagraph shall

31  be subject to inspection by the agency or entity. All records

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 1  relating to prescription drugs of a manufacturer under this

 2  sub-subparagraph shall be subject to audit by the manufacturer

 3  of those drugs, without identifying individual patient

 4  information.

 5         2.  Any of the following activities, which is not a

 6  violation of s. 499.005(21) if such activity is conducted in

 7  accordance with rules established by the department:

 8         a.  The sale, purchase, or trade of a prescription drug

 9  among federal, state, or local government health care entities

10  that are under common control and are authorized to purchase

11  such prescription drug.

12         b.  The sale, purchase, or trade of a prescription drug

13  or an offer to sell, purchase, or trade a prescription drug

14  for emergency medical reasons. For purposes of this

15  sub-subparagraph, the term "emergency medical reasons"

16  includes transfers of prescription drugs by a retail pharmacy

17  to another retail pharmacy to alleviate a temporary shortage.

18         c.  The transfer of a prescription drug acquired by a

19  medical director on behalf of a licensed emergency medical

20  services provider to that emergency medical services provider

21  and its transport vehicles for use in accordance with the

22  provider's license under chapter 401.

23         d.  The revocation of a sale or the return of a

24  prescription drug to the person's prescription drug wholesale

25  supplier.

26         e.  The donation of a prescription drug by a health

27  care entity to a charitable organization that has been granted

28  an exemption under s. 501(c)(3) of the Internal Revenue Code

29  of 1986, as amended, and that is authorized to possess

30  prescription drugs.

31  

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 1         f.  The transfer of a prescription drug by a person

 2  authorized to purchase or receive prescription drugs to a

 3  person licensed or permitted to handle reverse distributions

 4  or destruction under the laws of the jurisdiction in which the

 5  person handling the reverse distribution or destruction

 6  receives the drug.

 7         g.  The transfer of a prescription drug by a hospital

 8  or other health care entity to a person licensed under this

 9  chapter to repackage prescription drugs for the purpose of

10  repackaging the prescription drug for use by that hospital, or

11  other health care entity and other health care entities that

12  are under common control, if ownership of the prescription

13  drugs remains with the hospital or other health care entity at

14  all times. In addition to the recordkeeping requirements of s.

15  499.0121(7), the hospital or health care entity that transfers

16  prescription drugs pursuant to this sub-subparagraph must

17  reconcile all drugs transferred and returned and resolve any

18  discrepancies in a timely manner.

19         3.  The distribution of prescription drug samples by

20  manufacturers' representatives or distributors'

21  representatives conducted in accordance with s. 499.028.

22         4.  The sale, purchase, or trade of blood and blood

23  components intended for transfusion. As used in this

24  subparagraph, the term "blood" means whole blood collected

25  from a single donor and processed either for transfusion or

26  further manufacturing, and the term "blood components" means

27  that part of the blood separated by physical or mechanical

28  means.

29         5.  The lawful dispensing of a prescription drug in

30  accordance with chapter 465.

31  

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 1         (b)  "Wholesale distributor" means any person engaged

 2  in wholesale distribution of prescription drugs in or into

 3  this state, including, but not limited to, manufacturers;

 4  repackagers; own-label distributors; jobbers; private-label

 5  distributors; brokers; warehouses, including manufacturers'

 6  and distributors' warehouses, chain drug warehouses, and

 7  wholesale drug warehouses; independent wholesale drug traders;

 8  exporters; retail pharmacies; and the agents thereof that

 9  conduct wholesale distributions.

10         (c)  "Retail pharmacy" means a community pharmacy

11  licensed under chapter 465 that purchases prescription drugs

12  at fair market prices and provides prescription services to

13  the public.

14         (2)  The following types of wholesaler permits are

15  established:

16         (a)  A prescription drug wholesaler's permit. A

17  prescription drug wholesaler is a wholesale distributor that

18  may engage in the wholesale distribution of prescription

19  drugs. A prescription drug wholesaler that applies to the

20  department for a new permit or the renewal of a permit after

21  July 1, 2003, must submit a bond of $100,000, or other

22  equivalent means of security acceptable to the department,

23  such as an irrevocable letter of credit or a deposit in a

24  trust account or financial institution, payable to the Florida

25  Drug, Device, and Cosmetic Trust Fund. The purpose of the bond

26  is to secure payment of any administrative penalties imposed

27  by the department and any fees and costs incurred by the

28  department regarding that permit which are authorized under

29  state law and which the permittee fails to pay 30 days after

30  the fine or costs become final. The department may make a

31  claim against such bond or security until 1 year after the

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 1  permittee's license ceases to be valid or until 60 days after

 2  any administrative or legal proceeding authorized in ss.

 3  499.001-499.081 which involves the permittee is concluded,

 4  including any appeal, whichever occurs later. The department

 5  may adopt rules for issuing a prescription drug

 6  wholesaler-broker permit to a person who engages in the

 7  wholesale distribution of prescription drugs and does not take

 8  physical possession of any prescription drugs.

 9         (b)  A compressed medical gas wholesaler's permit. A

10  compressed medical gas wholesaler is a wholesale distributor

11  that is limited to the wholesale distribution of compressed

12  medical gases to other than the consumer or patient. The

13  compressed medical gas must be in the original sealed

14  container that was purchased by that wholesaler. A compressed

15  medical gas wholesaler may not possess or engage in the

16  wholesale distribution of any prescription drug other than

17  compressed medical gases. The department shall adopt rules

18  that govern the wholesale distribution of prescription medical

19  oxygen for emergency use. With respect to the emergency use of

20  prescription medical oxygen, those rules may not be

21  inconsistent with rules and regulations of federal agencies

22  unless the Legislature specifically directs otherwise.

23         (c)  An out-of-state prescription drug wholesaler's

24  permit. An out-of-state prescription drug wholesaler is a

25  wholesale distributor located outside this state which engages

26  in the wholesale distribution of prescription drugs into this

27  state and which must be permitted by the department and comply

28  with all the provisions required of a wholesale distributor

29  under ss. 499.001-499.081. An out-of-state prescription drug

30  wholesaler that applies to the department for a new permit or

31  the renewal of a permit after July 1, 2003, must submit a bond

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 1  of $100,000, or other equivalent means of security acceptable

 2  to the department, such as an irrevocable letter of credit or

 3  a deposit in a trust account or financial institution, payable

 4  to the Florida Drug, Device, and Cosmetic Trust Fund. The

 5  purpose of the bond is to secure payment of any administrative

 6  penalties imposed by the department and any fees and costs

 7  incurred by the department regarding that permit which are

 8  authorized under state law and which the permittee fails to

 9  pay 30 days after the fine or costs become final. The

10  department may make a claim against such bond or security

11  until 1 year after the permittee's license ceases to be valid

12  or until 60 days after any administrative or legal proceeding

13  authorized in ss. 499.001-499.081 which involves the permittee

14  is concluded, including any appeal, whichever occurs later.

15         1.  The out-of-state drug wholesaler must maintain at

16  all times a license or permit to engage in the wholesale

17  distribution of prescription drugs in compliance with laws of

18  the state in which it is a resident.

19         2.  An out-of-state prescription drug wholesaler's

20  permit is not required for an intracompany sale or transfer of

21  a prescription drug from an out-of-state establishment that is

22  duly licensed as a prescription drug wholesaler, in its state

23  of residence, to a licensed prescription drug wholesaler in

24  this state, if both wholesalers conduct wholesale

25  distributions of prescription drugs under the same business

26  name. The recordkeeping requirements of s. 499.0121(6) must be

27  followed for this transaction.

28         (d)  A retail pharmacy wholesaler's permit. A retail

29  pharmacy wholesaler is a retail pharmacy engaged in wholesale

30  distribution of prescription drugs within this state under the

31  following conditions:

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 1         1.  The pharmacy must obtain a retail pharmacy

 2  wholesaler's permit pursuant to ss. 499.001-499.081 and the

 3  rules adopted under those sections.

 4         2.  The wholesale distribution activity does not exceed

 5  30 percent of the total annual purchases of prescription

 6  drugs. If the wholesale distribution activity exceeds the

 7  30-percent maximum, the pharmacy must obtain a prescription

 8  drug wholesaler's permit.

 9         3.  The transfer of prescription drugs that appear in

10  any schedule contained in chapter 893 is subject to chapter

11  893 and the federal Comprehensive Drug Abuse Prevention and

12  Control Act of 1970.

13         4.  The transfer is between a retail pharmacy and

14  another retail pharmacy, or a Modified Class II institutional

15  pharmacy, or a health care practitioner licensed in this state

16  and authorized by law to dispense or prescribe prescription

17  drugs.

18         5.  All records of sales of prescription drugs subject

19  to this section must be maintained separate and distinct from

20  other records and comply with the recordkeeping requirements

21  of ss. 499.001-499.081.

22         (e)  A nonresident prescription drug manufacturer

23  permit is required for any person that is a manufacturer of

24  prescription drugs, or the distribution point for a

25  manufacturer of prescription drugs, and located outside of

26  this state, or that is an an entity to whom an approved new

27  drug application has been issued by the United States Food and

28  Drug Administration, or the contracted manufacturer of the

29  approved new drug application holder, and located outside the

30  United States, which engages in the wholesale distribution in

31  this state of the prescription drugs it manufactures or is

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 1  responsible for manufacturing. Each such manufacturer or

 2  entity must be permitted by the department and comply with all

 3  the provisions required of a wholesale distributor under ss.

 4  499.001-499.081, except 499.0121(6)(d).

 5         1.  A person that distributes prescription drugs that

 6  it did not manufacture must also obtain an out-of-state

 7  prescription drug wholesaler permit pursuant this section to

 8  engage in the wholesale distribution of the prescription drugs

 9  manufactured by another person and comply with the

10  requirements of an out-of-state prescription drug wholesaler.

11         2.  Any such person must comply with the licensing or

12  permitting requirements of the jurisdiction in which the

13  establishment is located and the federal act, and any product

14  wholesaled into this state must comply with ss.

15  499.001-499.081. If a person intends to import prescription

16  drugs from a foreign country into this state, the nonresident

17  prescription drug manufacturer must provide to the department

18  a list identifying each prescription drug it intends to import

19  and document approval by the United States Food and Drug

20  Administration for such importation.

21         (f)  A freight forwarder permit is required for any

22  person that engages in the distribution of a legend drug as a

23  freight forwarder unless the person is a common carrier. The

24  storage, handling, and recordkeeping of such distributions

25  must comply with the requirements for wholesale distributors

26  under s. 499.0121, except those set forth in s.

27  499.0121(6)(d). A freight forwarder must provide the source of

28  the legend drugs with a validated airway bill, bill of lading,

29  or other appropriate documentation to evidence the exportation

30  of the product.

31  

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 1         (3)  An application for a permit or to renew a permit

 2  for a prescription drug wholesaler, an out-of-state

 3  prescription drug wholesaler, or a retail pharmacy drug

 4  wholesaler submitted to the department must include:

 5         (a)  The name, full business address, and telephone

 6  number of the applicant.

 7         (b)  All trade or business names used by the applicant.

 8         (c)  The address, telephone numbers, and the names of

 9  contact persons for each facility used by the applicant for

10  the storage, handling, and distribution of prescription drugs.

11         (d)  The type of ownership or operation, such as a

12  partnership, corporation, or sole proprietorship.

13         (e)  The names of the owner and the operator of the

14  establishment, including:

15         1.  If an individual, the name of the individual.

16         2.  If a partnership, the name of each partner and the

17  name of the partnership.

18         3.  If a corporation:

19         a.  The name, address, and title of each corporate

20  officer and director.

21         b.  The name and address of the corporation, resident

22  agent of the corporation, the resident agent's address, and

23  the corporation's state of incorporation.

24         c.  The name and address of each shareholder of the

25  corporation that owns 5 percent or more of the outstanding

26  stock of the corporation.

27         4.  If a sole proprietorship, the full name of the sole

28  proprietor and the name of the business entity.

29         5.  If a limited liability company:

30         a.  The name and address of each member.

31         b.  The name and address of each manager.

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 1         c.  The name and address of the limited liability

 2  company, the resident agent of the limited liability company,

 3  and the name of the state in which the limited liability

 4  company was organized.

 5         (f)  If applicable, the name and address of each member

 6  of the affiliated group of which the applicant is a member.

 7         (g)1.  For an application for a new permit, the

 8  estimated annual dollar volume of prescription drug sales of

 9  the applicant, the estimated annual percentage of the

10  applicant's total company sales that are prescription drugs,

11  the applicant's estimated annual total dollar volume of

12  purchases of prescription drugs, and the applicant's estimated

13  annual total dollar volume of prescription drug purchases

14  directly from manufacturers.

15         2.  For an application to renew a permit, the total

16  dollar volume of prescription drug sales in the previous year,

17  the total dollar volume of prescription drug sales made in the

18  previous 6 months, the percentage of total company sales that

19  were prescription drugs in the previous year, the total dollar

20  volume of purchases of prescription drugs in the previous

21  year, and the total dollar volume of prescription drug

22  purchases directly from manufacturers in the previous year.

23  

24  Such portions of the information required pursuant to this

25  paragraph that is a trade secret, as defined in s. 812.081,

26  shall be maintained by the department in accordance with s.

27  815.045.

28         (h)  The tax year of the applicant.

29         (i)  A copy of the deed for the property on which

30  applicant's establishment is located, if the establishment is

31  owned by the applicant, or a copy of the applicant's lease for

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 1  the property on which applicant's establishment is located

 2  that has an original term of not less than 1 calendar year, if

 3  the establishment is not owned by the applicant.

 4         (j)  A list of all licenses and permits issued to the

 5  applicant by any other state which authorize the applicant to

 6  purchase or possess prescription drugs.

 7         (k)  The name of the manager of the establishment that

 8  is applying for the permit or to renew the permit, the next

 9  four highest ranking employees responsible for prescription

10  drug wholesale operations for the establishment, and the name

11  of all affiliated parties for the establishment, together with

12  the personal information statement and fingerprints required

13  pursuant to subsection (4) for each of such persons.

14         (l)  The name of each of the applicant's designated

15  representatives as required by subsection (11), together with

16  the personal information statement and fingerprints, required

17  pursuant to subsection (4) for each such person.

18         (m)  If any of the five largest shareholders of the

19  corporation seeking the permit is a corporation, the name,

20  address, and title of each corporate officer and director of

21  each such corporation; the name and address of such

22  corporation; the name of such corporation's resident agent,

23  such corporation's resident agent's address, and such

24  corporation's state of its incorporation; and the name and

25  address of each shareholder of such corporation that owns 5

26  percent or more of the stock of such corporation.

27         (n)  The name and address of all financial institutions

28  in which the applicant has an account which is used to pay for

29  the operation of the establishment or to pay for drugs

30  purchased for the establishment, together with the names of

31  all persons that are authorized signatories on such accounts.

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 1  The portions of the information required pursuant to this

 2  subparagraph which are a trade secret, as defined in s.

 3  812.081, shall be maintained by the department in accordance

 4  with s. 815.045.

 5         (o)  The sources of all funds and the amounts of such

 6  funds used to purchase or finance purchases of prescription

 7  drugs or to finance the premises on which the establishment is

 8  to be located. If any of the funds identified in response to

 9  this paragraph were borrowed, copies of all promissory notes

10  or loans used to obtain such funds.

11         (p)  Any other relevant information that the department

12  requires.

13         (4)(a)  Each person required by subsection (3) to

14  provide a personal information statement and fingerprints

15  shall provide the following information to the department on

16  forms prescribed by the department:

17         1.  The person's places of residence for the past 7

18  years.

19         2.  The person's date and place of birth.

20         3.  Whether the person has been, during the past 7

21  years, the subject of any proceeding for the revocation of any

22  license and, if so, the nature of the proceeding and the

23  disposition of the proceeding.

24         4.  Whether, during the past 7 years, the person has

25  been enjoined, either temporarily or permanently, by a court

26  of competent jurisdiction from violating any federal or state

27  law regulating the possession, control, or distribution of

28  prescription drugs, together with details concerning any such

29  event.

30         5.  A description of any involvement by the person with

31  any business, including any investments, other than the

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 1  ownership of stock in a publicly traded company or mutual

 2  fund, during the past 7 years, which manufactured,

 3  administered, prescribed, distributed, or stored

 4  pharmaceutical products and any lawsuits in which such

 5  businesses were named as a party.

 6         6.  A description of any felony criminal offense of

 7  which the person, as an adult, was found guilty, regardless of

 8  whether adjudication of guilt was withheld or whether the

 9  person pled guilty or nolo contendere. A criminal offense

10  committed in another jurisdiction which would have been a

11  felony in this state must be reported. If the person indicates

12  that a criminal conviction is under appeal and submits a copy

13  of the notice of appeal of that criminal offense, the

14  applicant must, within 15 days after the disposition of the

15  appeal, submit to the department a copy of the final written

16  order of disposition.

17         7.  A set of fingerprints for the person on a form and

18  under procedures specified by the department, together with

19  payment of an amount equal to the costs incurred by the

20  department for the criminal record check of the person.

21         8.  The name, address, occupation, and date and place

22  of birth for each member of the person's immediate family who

23  is 18 years of age or older and a description of any felony

24  criminal offense committed as an adult by any such person

25  during the past 7 years, regardless of whether adjudication of

26  guilt was withheld or whether the person pled guilty or nolo

27  contendere. A criminal offense committed in another

28  jurisdiction which would have been a felony in this state must

29  be reported. As used in this subparagraph, the term "member of

30  the person's immediate family" includes the person's spouse,

31  

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 1  children, parents, siblings, the spouses of the person's

 2  children, and the spouses of the person's siblings.

 3         9.  Any other relevant information that the department

 4  requires.

 5         (b)  The information required pursuant to paragraph (a)

 6  shall be provided under oath.

 7         (c)  The department shall submit the fingerprints

 8  provided by a person for initial licensure to the Department

 9  of Law Enforcement for a statewide criminal record check and

10  for forwarding to the Federal Bureau of Investigation for a

11  national criminal record check of the person. The department

12  shall submit the fingerprints provided by a person as a part

13  of a renewal application to the Department of Law Enforcement

14  for a statewide criminal record check, and for forwarding to

15  the Federal Bureau of Investigation for a national criminal

16  record check, for the initial renewal of a permit after

17  January 1, 2004; for any subsequent renewal of a permit, the

18  department shall submit the required information for a

19  statewide and national criminal record check of the person.

20  Any person who as a part of an initial permit application or

21  initial permit renewal after January 1, 2004, submits to the

22  department a set of fingerprints required for the criminal

23  record check required in this paragraph shall not be required

24  to provide a subsequent set of fingerprints for a criminal

25  record check to the department, if the person has undergone a

26  criminal record check as a condition of the  the issuance of

27  an initial permit or the initial renewal of a permit of an

28  applicant after January 1, 2004.

29         (5)  The department may deny an application for a

30  permit or refuse to renew a permit for a prescription drug

31  

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 1  wholesaler, an out-of-state prescription drug wholesaler, or a

 2  retail pharmacy wholesaler if the department finds:

 3         (a)  The applicant has not met the requirements for the

 4  permit.

 5         (b)  The management, officers, or directors of the

 6  applicant or any affiliated party are found by the department

 7  to be incompetent or untrustworthy.

 8         (c)  The applicant is so lacking in experience in

 9  managing a wholesale distributor as to make the issuance of

10  the proposed permit hazardous to the public health.

11         (d)  The applicant is so lacking in experience in

12  managing a wholesale distributor as to jeopardize the

13  reasonable promise of successful operation of the wholesale

14  distributor.

15         (e)  The applicant is lacking in experience in the

16  distribution of prescription drugs.

17         (f)  The applicant's past experience in manufacturing

18  or distributing prescription drugs indicates that the

19  applicant poses a public health risk.

20         (g)  The applicant is affiliated directly or indirectly

21  through ownership, control, or other business relations, with

22  any person or persons whose business operations are or have

23  been detrimental to the public health.

24         (h)  The applicant, or any affiliated party, has been

25  found guilty of or has pleaded guilty or nolo contendere to

26  any felony or crime punishable by imprisonment for 1 year or

27  more under the laws of the United States, any state, or any

28  other country, regardless of whether adjudication of guilt was

29  withheld.

30         (i)  The applicant or any affiliated party has been

31  charged with a felony in a state or federal court and the

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 1  disposition of that charge is pending during the application

 2  review or renewal review period.

 3         (j)  The applicant has furnished false or fraudulent

 4  information or material in any application made in this state

 5  or any other state in connection with obtaining a permit or

 6  license to manufacture or distribute drugs, devices, or

 7  cosmetics.

 8         (k)  That a federal, state, or local government permit

 9  currently or previously held by the applicant, or any

10  affiliated party, for the manufacture or distribution of any

11  drugs, devices, or cosmetics has been disciplined, suspended,

12  or revoked and has not been reinstated.

13         (l)  The applicant does not possess the financial or

14  physical resources to operate in compliance with the permit

15  being sought, this chapter, and the rules adopted under this

16  chapter.

17         (m)  The applicant or any affiliated party receives,

18  directly or indirectly, financial support and assistance from

19  a person who was an affiliated party of a permittee whose

20  permit was subject to discipline or was suspended or revoked,

21  other than through the ownership of stock in a publicly traded

22  company or a mutual fund.

23         (n)  The applicant or any affiliated party receives,

24  directly or indirectly, financial support and assistance from

25  a person who has been found guilty of any violation of ss.

26  499.001-499.081 or chapter 465, chapter 501, or chapter 893,

27  any rules adopted under any of those sections or chapters, any

28  federal or state drug law, or any felony where the underlying

29  facts related to drugs, regardless of whether the person has

30  been pardoned, had her or his civil rights restored, or had

31  

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 1  adjudication withheld, other than through the ownership of

 2  stock in a publicly traded company or a mutual fund.

 3         (o)  The applicant for renewal of a permit under

 4  paragraph (2)(a) or paragraph (2)(c) has not actively engaged

 5  in the wholesale distribution of prescription drugs, as

 6  demonstrated by the regular and systematic distribution of

 7  prescription drugs throughout the year as evidenced by not

 8  fewer than 12 wholesale distributions in the previous year and

 9  not fewer than three wholesale distributions in the previous 6

10  months.

11         (p)  Information obtained in response to paragraph

12  (2)(a) or paragraph (2)(c) demonstrates it would not be in the

13  best interest of the public health, safety, and welfare to

14  issue a permit.

15         (q)  The applicant does not possess the financial

16  standing and business experience for the successful operation

17  of the applicant.

18         (r)  The applicant or any affiliated party has failed

19  to comply with the requirements for manufacturing or

20  distributing prescription drugs under ss. 499.001-499.081,

21  similar federal laws, similar laws in other states, or the

22  rules adopted under such laws.

23         (6)  Upon approval of the application by the department

24  and payment of the required fee, the department shall issue or

25  renew a prescription drug wholesaler, an out-of-state

26  prescription drug wholesaler, or a retail pharmacy drug

27  wholesaler permit to the applicant.

28         (7)  For permits for prescription drug wholesalers,

29  out-of-state prescription drug wholesalers, and retail

30  pharmacy drug wholesalers:

31  

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 1         (a)  The department shall adopt rules for the annual

 2  renewal of permits. At least 90 days before the expiration of

 3  a permit, the department shall forward a permit renewal

 4  notification and renewal application to the prescription drug

 5  wholesaler, out-of-state prescription drug wholesaler, or

 6  retail pharmacy drug wholesaler at the mailing address of the

 7  permitted establishment on file with the department. The

 8  permit renewal notification must state conspicuously the date

 9  on which the permit for the establishment will expire and that

10  the establishment may not operate unless the permit for the

11  establishment is renewed timely.

12         (b)  A permit, unless sooner suspended or revoked,

13  automatically expires 1 year after the last day of the

14  anniversary month in which the permit was originally issued. A

15  permit may be renewed by making application for renewal on

16  forms furnished by the department and paying the appropriate

17  fees. If a renewal application and fee are submitted and

18  postmarked after 45 days prior to the expiration date of the

19  permit, the permit may be renewed only upon payment of a late

20  renewal fee of $100, plus the required renewal fee. A

21  permittee that has submitted a renewal application in

22  accordance with this paragraph may continue to operate under

23  its permit, unless the permit is suspended or revoked, until

24  final disposition of the renewal application.

25         (c)  Failure to renew a permit in accordance with this

26  section precludes any future renewal of that permit. If a

27  permit issued pursuant to this section has expired and cannot

28  be renewed, before an establishment may engage in activities

29  that require a permit under ss. 499.001-499.081, the

30  establishment must submit an application for a new permit; pay

31  the applicable application fee, initial permit fee, and all

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 1  applicable penalties; and be issued a new permit by the

 2  department.

 3         (8)(3)  A person that engages in wholesale distribution

 4  of prescription drugs in this state must have a wholesale

 5  distributor's permit issued by the department, except as noted

 6  in this section. Each establishment must be separately

 7  permitted except as noted in this subsection.

 8         (a)  A separate establishment permit is not required

 9  when a permitted prescription drug wholesaler consigns a

10  prescription drug to a pharmacy that is permitted under

11  chapter 465 and located in this state, provided that:

12         1.  The consignor wholesaler notifies the department in

13  writing of the contract to consign prescription drugs to a

14  pharmacy along with the identity and location of each

15  consignee pharmacy;

16         2.  The pharmacy maintains its permit under chapter

17  465;

18         3.  The consignor wholesaler, which has no legal

19  authority to dispense prescription drugs, complies with all

20  wholesale distribution requirements of s. 499.0121 with

21  respect to the consigned drugs and maintains records

22  documenting the transfer of title or other completion of the

23  wholesale distribution of the consigned prescription drugs;

24         4.  The distribution of the prescription drug is

25  otherwise lawful under this chapter and other applicable law;

26         5.  Open packages containing prescription drugs within

27  a pharmacy are the responsibility of the pharmacy, regardless

28  of how the drugs are titled; and

29         6.  The pharmacy dispenses the consigned prescription

30  drug in accordance with the limitations of its permit under

31  chapter 465 or returns the consigned prescription drug to the

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 1  consignor wholesaler. In addition, a person who holds title to

 2  prescription drugs may transfer the drugs to a person

 3  permitted or licensed to handle the reverse distribution or

 4  destruction of drugs. Any other distribution by and means of

 5  the consigned prescription drug by any person, not limited to

 6  the consignor wholesaler or consignee pharmacy, to any other

 7  person is prohibited.

 8         (b)  A wholesale distributor's permit is not required

 9  for the one-time transfer of title of a pharmacy's lawfully

10  acquired prescription drug inventory by a pharmacy with a

11  valid permit issued under chapter 465 to a consignor

12  prescription drug wholesaler, permitted under this chapter, in

13  accordance with a written consignment agreement between the

14  pharmacy and that wholesaler if:  the permitted pharmacy and

15  the permitted prescription drug wholesaler comply with all of

16  the provisions of paragraph (a) and the prescription drugs

17  continue to be within the permitted pharmacy's inventory for

18  dispensing in accordance with the limitations of the pharmacy

19  permit under chapter 465. A consignor drug wholesaler may not

20  use the pharmacy as a wholesale distributor through which it

21  distributes the legend drugs to other pharmacies. Nothing in

22  this section is intended to prevent a wholesale drug

23  distributor from obtaining this inventory in the event of

24  nonpayment by the pharmacy.

25         (c)  The department shall require information from each

26  wholesale distributor as part of the permit and renewal of

27  such permit, as required under s. 499.01 or s. 499.012.

28         (9)(4)  Personnel employed in wholesale distribution

29  must have appropriate education and experience to enable them

30  to perform their duties in compliance with state permitting

31  requirements.

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 1         (10)  The name of a permittee or establishment on a

 2  prescription drug wholesaler permit or an out-of-state

 3  prescription drug wholesaler permit may not include any

 4  indicia of attainment of any educational degree, any indicia

 5  that the permittee or establishment possesses a professional

 6  license, or any name or abbreviation that the department

 7  determines is likely to cause confusion or mistake or that the

 8  department determines is deceptive, including that of any

 9  other entity authorized to purchase prescription drugs.

10         (11)(a)  Each establishment that is issued an initial

11  or renewal permit as a prescription drug wholesaler or an

12  out-of-state prescription drug wholesaler must designate in

13  writing to the department at least one natural person to serve

14  as the designated representative of the wholesaler. Such

15  person must have an active certification as a designated

16  representative from the department.

17         (b)  To be certified as a designated representative, a

18  natural person must:

19         1.  Submit an application on a form furnished by the

20  department and pay the appropriate fees;

21         2.  Be at least 18 years of age;

22         3.  Have not less than 2 years of verifiable full-time

23  work experience in a pharmacy licensed in this state or

24  another state, where the person's responsibilities included,

25  but were not limited to, recordkeeping for prescription drugs,

26  or have not less than 2 years of verifiable full-time

27  managerial experience with a prescription drug wholesaler

28  licensed in this state or in another state;

29         4.  Receive a passing score of at least 75 percent on

30  an examination given by the department regarding federal laws

31  governing distribution of prescription drugs and ss.

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 1  499.001-499.081 and the rules adopted by the department

 2  governing the wholesale distribution of prescription drugs.

 3  This requirement shall be effective 1 year after the results

 4  of the initial examination are mailed to the persons that took

 5  the examination. The department shall offer such examinations

 6  at least four times each calendar year; and

 7         5.  Provide the department with a personal information

 8  statement and fingerprints pursuant to subsection (4).

 9         (c)  The department may deny an application for

10  certification as a designated representative or may suspend or

11  revoke a certification of a designated representative pursuant

12  to s. 499.067.

13         (d)  A designated representative:

14         1.  Must be actively involved in and aware of the

15  actual daily operation of the wholesale distributor.

16         2.  Must be employed full time in a managerial position

17  by the wholesale distributor.

18         3.  Must be physically present at the establishment

19  during normal business hours, except for time periods when

20  absent due to illness, family illness or death, scheduled

21  vacation, or other authorized absence.

22         4.  May serve as a designated representative for only

23  one wholesale distributor at any one time.

24         (e)  A wholesale distributor must notify the department

25  when a designated representative leaves the employ of the

26  wholesale distributor. Such notice must be provided to the

27  department within 10 business days after the last day of

28  designated representative's employment with the wholesale

29  distributor.

30         (f)  A wholesale distributor may not operate under a

31  prescription drug wholesaler permit or an out-of-state

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 1  prescription drug wholesaler permit for more than 10 business

 2  days after the designated representative leaves the employ of

 3  the wholesale distributor, unless the wholesale distributor

 4  employs another designated representative and notifies the

 5  department within 10 business days of the identity of the new

 6  designated representative.

 7         (12)(5)  The department may adopt rules governing the

 8  recordkeeping, storage, and handling with respect to each of

 9  the distributions of prescription drugs specified in

10  subparagraphs (1)(a)1.-4.

11         Section 15.  Subsections (4), (6), (7), and (8) of

12  section 499.0121, Florida Statutes, are amended, and

13  subsection (11) is added to that section, to read:

14         499.0121  Storage and handling of prescription drugs;

15  recordkeeping.--The department shall adopt rules to implement

16  this section as necessary to protect the public health,

17  safety, and welfare.  Such rules shall include, but not be

18  limited to, requirements for the storage and handling of

19  prescription drugs and for the establishment and maintenance

20  of prescription drug distribution records.

21         (4)  EXAMINATION OF MATERIALS AND RECORDS.--

22         (a)  Upon receipt, each outside shipping container must

23  be visually examined for identity and to prevent the

24  acceptance of contaminated prescription drugs that are

25  otherwise unfit for distribution. This examination must be

26  adequate to reveal container damage that would suggest

27  possible contamination or other damage to the contents.

28         (b)  Each outgoing shipment must be carefully inspected

29  for identity of the prescription drug products and to ensure

30  that there is no delivery of prescription drugs that have

31  

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 1  expired or been damaged in storage or held under improper

 2  conditions.

 3         (c)  The recordkeeping requirements in subsection (6)

 4  must be followed for all incoming and outgoing prescription

 5  drugs.

 6         (d)  Upon receipt, a wholesaler must review records

 7  required under this section for the acquisition of

 8  prescription drugs for accuracy and completeness, considering

 9  the total facts and circumstances surrounding the transactions

10  and the wholesale distributors involved. This includes

11  authenticating each transaction listed on a pedigree paper in

12  paragraph (6)(d).

13         (6)  RECORDKEEPING.--The department shall adopt rules

14  that require keeping such records of prescription drugs as are

15  necessary for the protection of the public health.

16         (a)  Wholesale drug distributors must establish and

17  maintain inventories and records of all transactions regarding

18  the receipt and distribution or other disposition of

19  prescription drugs.  These records must provide a complete

20  audit trail from receipt to sale or other disposition, be

21  readily retrievable for inspection, and include, at a minimum,

22  the following information:

23         1.  The source of the drugs, including the name and

24  principal address of the seller or transferor, and the address

25  of the location from which the drugs were shipped;

26         2.  The name, principal address, and state license

27  permit or registration number of the person authorized to

28  purchase prescription drugs;

29         3.  The name, strength, dosage form, and quantity of

30  the drugs received and distributed or disposed of; and

31  

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 1         4.  The dates of receipt and distribution or other

 2  disposition of the drugs; and.

 3         5.  Any financial documentation supporting the

 4  transaction.

 5         (b)  Inventories and records must be made available for

 6  inspection and photocopying by authorized federal, state, or

 7  local officials for a period of 2 years following disposition

 8  of the drugs or 3 years after the creation of the records,

 9  whichever period is longer.

10         (c)  Records described in this section that are kept at

11  the inspection site or that can be immediately retrieved by

12  computer or other electronic means must be readily available

13  for authorized inspection during the retention period.

14  Records that are kept at a central location outside of this

15  state and that are not electronically retrievable must be made

16  available for inspection within 2 working days after a request

17  by an authorized official of a federal, state, or local law

18  enforcement agency.  Records that are maintained at a central

19  location within this state must be maintained at an

20  establishment that is permitted pursuant to ss.

21  499.001-499.081 and must be readily available.

22         (d)1.  Each person who is engaged in the wholesale

23  distribution of a prescription drug, and who is not the

24  manufacturer of that drug must, before each wholesale

25  distribution of such drug, provide to the person who receives

26  the drug a pedigree paper as defined in s. 499.003(31).

27         2.  A repackager must comply with this paragraph.

28         3.  The department may by rule exempt compressed

29  medical gases and veterinary prescription drugs from the

30  pedigree paper requirements in this paragraph. an authorized

31  distributor of record of such drug, must provide to each

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 1  wholesale distributor of such drug, before the sale is made to

 2  such wholesale distributor, a written statement identifying

 3  each previous sale of the drug.  The written statement

 4  identifying all sales of such drug must accompany the drug for

 5  each subsequent wholesale distribution of the drug to a

 6  wholesale distributor. The department shall adopt rules

 7  relating to the requirements of this written statement.

 8         4.2.  Each wholesale distributor of prescription drugs

 9  must maintain separate and distinct from other required

10  records all statements that are required under subparagraph 1.

11         5.3.  In order to verify compliance with subparagraph

12  1., each manufacturer of a prescription drug sold in this

13  state must maintain at its corporate offices a current list of

14  authorized distributors and must make such list available to

15  the department upon request distribution documentation related

16  to its sales of prescription drugs regardless of whether the

17  prescription drug was sold directly by the manufacturer to a

18  person in this state.

19  

20  For the purposes of this subsection, the term "authorized

21  distributors of record" means those distributors with whom a

22  manufacturer has established an ongoing relationship to

23  distribute the manufacturer's products.

24         (e)  Each wholesale distributor, except for a

25  manufacturer, shall annually provide the department with a

26  written list of all wholesale distributors and manufacturers

27  from whom the wholesale distributor purchases prescription

28  drugs. A wholesale distributor, except a manufacturer, shall

29  notify the department not later than 10 days after any change

30  to either list. Such portions of the information required

31  pursuant to this paragraph which are a trade secret, as

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 1  defined in s. 812.081, shall be maintained by the department

 2  in accordance with s. 815.045.

 3         (7)  WRITTEN POLICIES AND PROCEDURES.--Wholesale drug

 4  distributors must establish, maintain, and adhere to written

 5  policies and procedures, which must be followed for the

 6  receipt, security, storage, inventory, and distribution of

 7  prescription drugs, including policies and procedures for

 8  identifying, recording, and reporting losses or thefts, and

 9  for correcting all errors and inaccuracies in inventories.

10  Wholesale drug distributors must include in their written

11  policies and procedures:

12         (a)  A procedure whereby the oldest approved stock of a

13  prescription drug product is distributed first.  The procedure

14  may permit deviation from this requirement, if the deviation

15  is temporary and appropriate.

16         (b)  A procedure to be followed for handling recalls

17  and withdrawals of prescription drugs.  Such procedure must be

18  adequate to deal with recalls and withdrawals due to:

19         1.  Any action initiated at the request of the Food and

20  Drug Administration or any other federal, state, or local law

21  enforcement or other government agency, including the

22  department.

23         2.  Any voluntary action by the manufacturer or

24  repackager to remove defective or potentially defective drugs

25  from the market; or

26         3.  Any action undertaken to promote public health and

27  safety by replacing existing merchandise with an improved

28  product or new package design.

29         (c)  A procedure to ensure that wholesale drug

30  distributors prepare for, protect against, and handle any

31  crisis that affects security or operation of any facility if a

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 1  strike, fire, flood, or other natural disaster, or a local,

 2  state, or national emergency, occurs.

 3         (d)  A procedure to ensure that any outdated

 4  prescription drugs are segregated from other drugs and either

 5  returned to the manufacturer or repackager or destroyed.  This

 6  procedure must provide for written documentation of the

 7  disposition of outdated prescription drugs. This documentation

 8  must be maintained for 2 years after disposition of the

 9  outdated drugs.

10         (8)  RESPONSIBLE PERSONS.--Wholesale drug distributors

11  must establish and maintain lists of officers, directors,

12  managers, designated representatives, and other persons in

13  charge of wholesale drug distribution, storage, and handling,

14  including a description of their duties and a summary of their

15  qualifications.

16         (11)  SHIPPING AND TRANSPORTATION.--The person

17  responsible for shipment and transportation of a prescription

18  drug in a wholesale distribution may use a common carrier; its

19  own vehicle or employee acting within the scope of employment

20  if authorized under s. 499.03 for the possession of

21  prescription drugs in this state; or, in the case of a

22  prescription drug intended for domestic distribution, an

23  independent contractor who must be the agent of the authorized

24  seller or recipient responsible for shipping and

25  transportation as set forth in a written contract between the

26  parties. A person selling a prescription drug for export must

27  obtain documentation, such as a validated airway bill, bill of

28  lading, or other appropriate documentation that the

29  prescription drug was exported. A person responsible for

30  shipping or transporting prescription drugs is not required to

31  maintain documentation from a common carrier that the

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 1  designated recipient received the prescription drugs; however,

 2  the person must obtain such documentation from the common

 3  carrier and make it available to the department upon request

 4  of the department.

 5         Section 16.  Effective January 1, 2004, section

 6  499.013, Florida Statutes, is amended to read:

 7         499.013  Manufacturers and repackagers of drugs,

 8  devices, and cosmetics; definitions, permits, and general

 9  requirements.--

10         (1)  As used in this section, the terms term

11  "manufacture" and "repackage" have has the meaning as in

12  assigned to it under s. 499.003. A pharmacy is exempt from

13  these definitions this definition if it is operating in

14  compliance with pharmacy practice standards as defined in

15  chapter 465 and the rules adopted under that chapter.

16         (2)  Any person that engages in the manufacture or

17  repackaging of drugs, devices, or cosmetics in this state must

18  first obtain one of the following permits and may engage only

19  in the activity allowed under that permit:

20         (a)  A prescription drug manufacturer's permit is

21  required for any person that manufactures a prescription drug

22  in this state. A prescription drug repackager's permit is

23  required for any person that repackages a prescription drug in

24  this state.

25         1.  A person that operates an establishment permitted

26  as a prescription drug manufacturer or prescription drug

27  repackager may engage in wholesale distribution of

28  prescription drugs manufactured or repackaged at that

29  establishment and must comply with all the provisions of ss.

30  499.001-499.081 and the rules adopted under those sections

31  that apply to a wholesale distributor.

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 1         2.  A prescription drug manufacturer permittee or

 2  prescription drug repackager must comply with all appropriate

 3  state and federal good manufacturing practices.

 4         (b)  An over-the-counter drug manufacturer's permit is

 5  required for any person that engages in the manufacture or

 6  repackaging of an over-the-counter drug.

 7         1.  An over-the-counter drug manufacturer permittee may

 8  not possess or purchase prescription drugs.

 9         2.  A pharmacy is exempt from obtaining an

10  over-the-counter drug manufacturer's permit if it is operating

11  in compliance with pharmacy practice standards as defined in

12  chapter 465 and the rules adopted under that chapter.

13         3.  An over-the-counter drug manufacturer permittee

14  must comply with all appropriate state and federal good

15  manufacturing practices.

16         (c)  A compressed medical gas manufacturer's permit is

17  required for any person that engages in the manufacture of

18  compressed medical gases or repackages compressed medical

19  gases from one container to another.

20         1.  A compressed medical gas manufacturer permittee may

21  not manufacture or possess any prescription drug other than

22  compressed medical gases.

23         2.  A compressed medical gas manufacturer permittee may

24  engage in wholesale distribution of compressed medical gases

25  manufactured at that establishment and must comply with all

26  the provisions of ss. 499.001-499.081 and the rules adopted

27  under those sections that apply to a wholesale distributor.

28         3.  A compressed medical gas manufacturer permittee

29  must comply with all appropriate state and federal good

30  manufacturing practices.

31  

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 1         (d)  A device manufacturer's permit is required for any

 2  person that engages in the manufacture, repackaging, or

 3  assembly of medical devices for human use in this state,

 4  except that a permit is not required if the person is engaged

 5  only in manufacturing, repackaging, or assembling a medical

 6  device pursuant to a practitioner's order for a specific

 7  patient.

 8         1.  A manufacturer or repackager of medical devices in

 9  this state must comply with all appropriate state and federal

10  good manufacturing practices and quality system rules.

11         2.  The department shall adopt rules related to

12  storage, handling, and recordkeeping requirements for

13  manufacturers of medical devices for human use.

14         (e)  A cosmetic manufacturer's permit is required for

15  any person that manufactures or repackages cosmetics in this

16  state.  A person that only labels or changes the labeling of a

17  cosmetic but does not open the container sealed by the

18  manufacturer of the product is exempt from obtaining a permit

19  under this paragraph.

20         (3)  The department may adopt such rules as are

21  necessary for the protection of the public health, safety, and

22  welfare regarding good manufacturing practices that

23  manufacturers and repackagers must follow to ensure the safety

24  of the products.

25         (4)  Each manufacturer or repackager of medical

26  devices, over-the-counter drugs, or cosmetics must maintain

27  records that include the name and principal address of the

28  seller or transferor of the product, the address of the

29  location from which the product was shipped, the date of the

30  transaction, the name and quantity of the product involved,

31  

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 1  and the name and principal address of the person who purchased

 2  the product.

 3         Section 17.  Subsection (3) of section 499.014, Florida

 4  Statutes, is amended to read:

 5         499.014  Distribution of legend drugs by hospitals,

 6  health care entities, charitable organizations, and return or

 7  destruction companies; permits, general requirements.--

 8         (3)  Storage and handling, and recordkeeping of these

 9  distributions must comply with the requirements for wholesale

10  distributors under s. 499.0121, except those set forth in s.

11  499.0121(6)d.

12         Section 18.  Section 499.041, Florida Statutes, is

13  amended to read:

14         499.041  Schedule of fees for drug, device, and

15  cosmetic applications and permits, product registrations, and

16  free-sale certificates.--

17         (1)  The department shall assess applicants requiring a

18  manufacturing permit an annual fee within the ranges

19  established in this section for the specific type of

20  manufacturer.

21         (a)  The fee for a prescription drug manufacturer's

22  permit may not be less than $500 or more than $750 $600

23  annually.

24         (b)  The fee for a device manufacturer's permit may not

25  be less than $500 or more than $600 annually.

26         (c)  The fee for a cosmetic manufacturer's permit may

27  not be less than $250 or more than $400 annually.

28         (d)  The fee for an over-the-counter drug

29  manufacturer's permit may not be less than $300 or more than

30  $400 annually.

31  

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 1         (e)  The fee for a compressed medical gas

 2  manufacturer's permit may not be less than $400 or more than

 3  $500 annually.

 4         (f)  The fee for a prescription drug repackager's

 5  permit may not be less than $500 or more than $750 annually.

 6         (g)(f)  A manufacturer may not be required to pay more

 7  than one fee per establishment to obtain an additional

 8  manufacturing permit, but each manufacturer must pay the

 9  highest fee applicable to his or her operation in each

10  establishment.

11         (2)  The department shall assess an applicant that is

12  required to have a wholesaling permit an annual fee within the

13  ranges established in this section for the specific type of

14  wholesaling.

15         (a)  The fee for a prescription drug wholesaler's

16  permit may not be less than $300 or more than $800 $400

17  annually.;

18         (b)  The fee for a compressed medical gas wholesaler's

19  permit may not be less than $200 or more than $300 annually.;

20         (c)  The fee for an out-of-state prescription drug

21  wholesaler's permit may not be less than $300 $200 or more

22  than $800 $300 annually.;

23         (d)  The fee for a nonresident prescription drug

24  manufacturer's permit may not be less than $300 or more than

25  $500 annually.

26         (e)(d)  The fee for a retail pharmacy wholesaler's

27  permit may not be less than $35 or more than $50 annually.

28         (f)  The fee for a freight forwarder's permit may not

29  be less than $200 or more than $300 annually.

30         (3)  The department shall assess an applicant that is

31  required to have a retail establishment permit an annual fee

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 1  within the ranges established in this section for the specific

 2  type of retail establishment.

 3         (a)  The fee for a veterinary legend drug retail

 4  establishment permit may not be less than $200 or more than

 5  $300 annually.;

 6         (b)  The fee for a medical oxygen retail establishment

 7  permit may not be less than $200 or more than $300 annually.

 8         (4)  The department shall assess an applicant that is

 9  required to have a restricted prescription drug distributor's

10  permit an annual fee of not less than $200 or more than $300.

11         (5)  In addition to the fee charged for a permit

12  required by ss. 499.001-499.081, beginning January 1, 1993,

13  the department shall assess applicants an initial application

14  fee of $150 for each new permit issued by the department which

15  requires an onsite inspection.

16         (6)  A person that is required to register drugs,

17  devices, or cosmetic products under s. 499.015 shall pay an

18  annual product registration fee of not less than $5 or more

19  than $15 for each separate and distinct product in package

20  form.  The registration fee is in addition to the fee charged

21  for a free-sale certificate.

22         (7)  The department shall assess an applicant that

23  requests a free-sale certificate a fee of $25.  A fee of $2

24  will be charged for each signature copy of a free-sale

25  certificate that is obtained at the same time the free-sale

26  certificate is issued.

27         (8)  The department shall assess an out-of-state

28  prescription drug wholesaler applicant or permittee an on-site

29  inspection fee of not less than $1,000 or more than $3,000

30  annually, to be based on the actual cost of the inspection if

31  

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 1  an on-site inspection is performed by agents of the

 2  department.

 3         (9)  The department shall assess each person applying

 4  for certification as a designated representative a fee of

 5  $150, plus the cost of processing the criminal history record

 6  check.

 7         (10)(8)  The department shall assess other fees as

 8  provided in ss. 499.001-499.081.

 9         Section 19.  Subsection (2) and present subsection (5)

10  of section 499.051, Florida Statutes, are amended, present

11  subsections (4) and (5) of that section are redesignated as

12  subsections (6) and (7), respectively, and new subsections (4)

13  and (5) are added to that section, to read:

14         499.051  Inspections and investigations.--

15         (2)  In addition to the authority set forth in

16  subsection (1), the department and any duly designated officer

17  or employee of the department may enter and inspect any other

18  establishment for the purpose of determining compliance with

19  ss. 499.001-499.081 and rules adopted under those sections

20  regarding any drug, device, or cosmetic product. The authority

21  to enter and inspect does not extend to the practice of the

22  profession of pharmacy, as defined in chapter 465 and the

23  rules adopted under that chapter, in a pharmacy permitted

24  under chapter 465. The Department of Business and Professional

25  Regulation shall conduct routine inspections of retail

26  pharmacy wholesalers at the time of the regular pharmacy

27  permit inspection and shall send the inspection report

28  regarding drug wholesale activity to the Department of Health.

29         (4)  Any application for a permit made pursuant to ss.

30  499.01 and 499.012 and rules adopted under those sections

31  constitutes permission for agents of the Department of Health

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 1  and the Department of Law Enforcement, after presenting proper

 2  identification, to inspect, review, and copy any financial

 3  document or record related to the manufacture, repackaging, or

 4  distribution of a drug as is necessary to verify compliance

 5  with ss. 499.001-499.081 and the rules adopted by the

 6  department to administer those sections, in order to discover,

 7  investigate, and determine the existence of compliance, or to

 8  elicit, receive, respond to, and resolve complaints and

 9  violations.

10         (5)  The authority to inspect under this section

11  includes the authority to access, review, and copy any and all

12  financial documents related to the activity of manufacturing,

13  repackaging, or distributing prescription drugs.

14         (7)(5)  The complaint and all information obtained

15  pursuant to the investigation by the department are

16  confidential and exempt from the provisions of s. 119.07(1)

17  and s. 24(a), Art. I of the State Constitution until the

18  investigation and the enforcement action are completed.

19  However, trade secret information contained therein as defined

20  by s. 812.081(1)(c), contained therein or as otherwise

21  required to be provided to the department under ss.

22  499.001-499.081, shall remain confidential and exempt from the

23  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution, as long as the information is retained by the

25  department.  This subsection does not prohibit the department

26  from using such information for regulatory or enforcement

27  proceedings under this chapter or from providing such

28  information to any law enforcement agency or any other

29  regulatory agency.  However, the receiving agency shall keep

30  such records confidential and exempt as provided in this

31  subsection.  In addition, this subsection is not intended to

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 1  prevent compliance with the provisions of s. 499.0121(6)(d),

 2  and the pedigree papers required in that subsection shall not

 3  be deemed a trade secret.

 4         Section 20.  Subsection (4) is added to section

 5  499.055, Florida Statutes, to read:

 6         499.055  Reports and dissemination of information by

 7  department.--

 8         (4)  The department shall publish on the department's

 9  website and update at least monthly:

10         (a)  A list of the prescription drug wholesalers,

11  out-of-state prescription drug wholesalers, and retail

12  pharmacy drug wholesalers against whom the department has

13  initiated enforcement action pursuant to 499.001-499.081 to

14  suspend or revoke a permit, seek an injunction, or otherwise

15  file an administrative complaint and the permit number of each

16  such wholesaler.

17         (b)  A list of the prescription drug wholesalers,

18  out-of-state prescription drug wholesalers, and retail

19  pharmacy drug wholesalers to which the department has issued a

20  permit, including the date on which each permit will expire.

21         (c)  A list of the prescription drug wholesalers,

22  out-of-state prescription drug wholesalers, and retail

23  pharmacy drug wholesalers' permits that have been returned to

24  the department, were suspended, were revoked, have expired, or

25  were not renewed in the previous year.

26         Section 21.  Section 499.065, Florida Statutes, is

27  created to read:

28         499.065  Imminent danger.--

29         (1)  Notwithstanding s. 499.051, the department shall

30  inspect each prescription drug wholesale establishment,

31  prescription drug repackager establishment, and retail

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 1  pharmacy drug wholesaler establishment that is required to be

 2  permitted under this chapter as often as necessary to ensure

 3  compliance with applicable laws and rules. The department

 4  shall have the right of entry and access to these facilities

 5  at any reasonable time.

 6         (2)  To protect the public from prescription drugs that

 7  are adulterated or otherwise unfit for human consumption, the

 8  department may examine, sample, seize, and stop the sale or

 9  use of prescription drugs to determine the condition of those

10  drugs. The department may immediately seize and remove any

11  prescription drugs if the Secretary of Health or his or her

12  designee determines that such prescription drugs represent a

13  threat to the public health. The owner of any property seized

14  under this section may, within 10 days after the seizure,

15  apply to a court of competent jurisdiction for whatever relief

16  is appropriate. At any time after 10 days, the department may

17  destroy the drugs as contraband.

18         (3)  The department may determine that a prescription

19  drug wholesale establishment, prescription drug repackager

20  establishment, or retail pharmacy drug wholesaler

21  establishment that is required to be permitted under this

22  chapter is an imminent danger to the public health and require

23  its immediate closure if such establishment fails to comply

24  with applicable laws and rules and, because of such failure,

25  presents an imminent threat to the public's health, safety, or

26  welfare. Any establishment so deemed and closed shall remain

27  closed until allowed by the department or by judicial order to

28  reopen.

29  

30  For purposes of this section, a refusal to allow entry to the

31  department for inspection at reasonable times, or a failure or

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 1  refusal to provide the department with required documentation

 2  for purposes of inspection, constitutes an imminent danger to

 3  the public health.

 4         Section 22.  Subsection (1) of section 499.066, Florida

 5  Statutes, is amended, and subsection (7) is added to that

 6  section, to read:

 7         499.066  Penalties; remedies.--In addition to other

 8  penalties and other enforcement provisions:

 9         (1)  The department may institute such suits or other

10  legal proceedings as are required to enforce any provision of

11  ss. 499.001-499.081. If it appears that a person has violated

12  any provision of ss. 499.001-499.081 for which criminal

13  prosecution is provided, the department may provide the

14  appropriate state attorney or other prosecuting agency having

15  jurisdiction with respect to such prosecution with the

16  relevant information in the department's possession. When the

17  department believes that any person has violated ss.

18  499.001-499.081 or any rules adopted pursuant to those

19  sections, it may issue and deliver an order to cease and

20  desist from such violation.

21         (7)  Resignation or termination of an affiliated party

22  does not affect the department's jurisdiction or discretion to

23  proceed with action to suspend or revoke a permit or to impose

24  other penalties or enforcement actions authorized by law.

25         Section 23.  Section 499.0661, Florida Statutes, is

26  created to read:

27         499.0661  Cease and desist orders; removal of certain

28  persons.--

29         (1)  DEFINITION.--As used in this section, the term

30  "permittee" means any person holding a permit issued pursuant

31  to s. 499.012.

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 1         (2)  CEASE AND DESIST ORDERS.--

 2         (a)  In addition to any authority otherwise provided in

 3  this chapter, the department may issue and serve a complaint

 4  stating charges upon any permittee or upon any affiliated

 5  party, whenever the department has reasonable cause to believe

 6  that the person or individual named therein is engaging in or

 7  has engaged in conduct that is:

 8         1.  An act that demonstrates a lack of fitness or

 9  trustworthiness to engage in the business authorized under the

10  permit issued pursuant to ss. 499.001-499.081, is hazardous to

11  the public health, or constitutes business operations that are

12  a detriment to the public health;

13         2.  A violation of any provision of ss.

14  499.001-499.081;

15         3.  A violation of any rule of the department;

16         4.  A violation of any order of the department; or

17         5.  A breach of any written agreement with the

18  department.

19         (b)  The complaint must contain a statement of facts

20  and notice of opportunity for a hearing pursuant to ss.

21  120.569 and 120.57.

22         (c)  If a hearing is not requested within the time

23  allowed by ss. 120.569 and 120.57, or if a hearing is held and

24  the department finds that any of the charges are proven, the

25  department may enter an order directing the permittee or the

26  affiliated party named in the complaint to cease and desist

27  from engaging in the conduct complained of and take corrective

28  action to remedy the effects of past improper conduct and

29  assure future compliance.

30         (d)  A contested or default cease and desist order is

31  effective when reduced to writing and served upon the

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 1  permittee or affiliated party named therein. An uncontested

 2  cease and desist order is effective as agreed.

 3         (e)  Whenever the department finds that conduct

 4  described in paragraph (a) is likely to cause an immediate

 5  threat to the public health, it may issue an emergency cease

 6  and desist order requiring the permittee or any affiliated

 7  party to immediately cease and desist from engaging in the

 8  conduct complained of and to take corrective and remedial

 9  action. The emergency order is effective immediately upon

10  service of a copy of the order upon the permittee or

11  affiliated party named therein and remains effective for 90

12  days. If the department begins nonemergency cease and desist

13  proceedings under this subsection, the emergency order remains

14  effective until the conclusion of the proceedings under ss.

15  120.569 and 120.57.

16         (3)  REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.--

17         (a)  The department may issue and serve a complaint

18  stating charges upon any affiliated party and upon the

19  permittee involved whenever the department has reason to

20  believe that an affiliated party is engaging in or has engaged

21  in conduct that constitutes:

22         1.  An act that demonstrates a lack of fitness or

23  trustworthiness to engage in the business authorized under the

24  permit issued pursuant to ss. 499.001-499.081, is hazardous to

25  the public health, or constitutes business operations that are

26  a detriment to the public health;

27         2.  A willful violation of ss. 499.001-499.081;

28  however, if the violation constitutes a misdemeanor, a

29  complaint may not be served as provided in this section until

30  the affiliated party is notified in writing of the matter of

31  the violation and has been afforded a reasonable period of

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 1  time, as set forth in the notice, to correct the violation and

 2  has failed to do so;

 3         3.  A violation of any other law involving fraud or

 4  moral turpitude which constitutes a felony;

 5         4.  A willful violation of any rule of the department;

 6         5.  A willful violation of any order of the department;

 7  or

 8         6.  A material misrepresentation of fact, made

 9  knowingly and willfully or made with reckless disregard for

10  the truth of the matter.

11         (b)  The complaint must contain a statement of facts

12  and notice of opportunity for a hearing pursuant to ss.

13  120.569 and 120.57.

14         (c)  If a hearing is not requested within the time

15  allotted by ss. 120.569 and 120.57, or if a hearing is held

16  and the department finds that any of the charges in the

17  complaint are proven true, the department may enter an order

18  removing the affiliated party or restricting or prohibiting

19  participation by the person in the affairs of that permittee

20  or of any other permittee.

21         (d)  A contested or default order of removal,

22  restriction, or prohibition is effective when reduced to

23  writing and served on the permittee and the affiliated party.

24  An uncontested order of removal, restriction, or prohibition

25  is effective as agreed.

26         (e)1.  The chief executive officer, designated

27  representative, or the person holding the equivalent office,

28  of a permittee shall promptly notify the department if she or

29  he has actual knowledge that any affiliated party is charged

30  with a felony in a state or federal court.

31  

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 1         2.  Whenever any affiliated party is charged with a

 2  felony in a state or federal court or with the equivalent of a

 3  felony in the courts of any foreign country with which the

 4  United States maintains diplomatic relations, and the charge

 5  alleges violation of any law involving prescription drugs,

 6  pharmaceuticals, fraud, theft, or moral turpitude, the

 7  department may enter an emergency order suspending the

 8  affiliated party or restricting or prohibiting participation

 9  by the affiliated party in the affairs of the particular

10  permittee or of any other permittee upon service of the order

11  upon the permittee and the affiliated party charged. The order

12  must contain notice of opportunity for a hearing pursuant to

13  ss. 120.569 and 120.57, where the affiliated party may request

14  a postsuspension hearing to show that continued service to or

15  participation in the affairs of the permittee does not pose a

16  threat to the public health or the interests of the permittee

17  and does not threaten to impair public confidence in the

18  permittee. In accordance with applicable departmental rules,

19  the department shall notify the affiliated party whether the

20  order suspending or prohibiting the person from participation

21  in the affairs of a permittee will be rescinded or otherwise

22  modified. The emergency order remains in effect, unless

23  otherwise modified by the department, until the criminal

24  charge is disposed of. The acquittal of the person charged, or

25  the final, unappealed dismissal of all charges against the

26  person, dissolves the emergency order, but does not prohibit

27  the department from instituting proceedings under paragraph

28  (a). If the person charged is convicted or pleads guilty or

29  nolo contendere, whether or not an adjudication of guilt is

30  entered by the court, the emergency order shall become final.

31  

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 1         (f)  Any affiliated party removed pursuant to this

 2  section is not eligible for reemployment by the permittee or

 3  to be an affiliated party of any permittee except upon the

 4  written consent of the department. Any affiliated party who is

 5  removed, restricted, or prohibited from participating in the

 6  affairs of a permittee pursuant to this section may petition

 7  the department for modification or termination of the removal,

 8  restriction, or prohibition.

 9         Section 24.  Effective January 1, 2004, section

10  499.067, Florida Statutes, is amended to read:

11         499.067  Denial, suspension, or revocation of permit,

12  certification, or registration.--

13         (1)(a)  The department may deny, suspend, or revoke a

14  permit if it finds that there has been a substantial failure

15  to comply with ss. 499.001-499.081 or chapter 465, chapter

16  501, or chapter 893, the rules adopted under any of those

17  sections or chapters, any final order of the department, or

18  applicable federal laws or regulations or other state laws or

19  rules governing drugs, devices, or cosmetics.

20         (b)  The department may deny an application for a

21  permit or certification, or suspend or revoke a permit or

22  certification, if the department finds it is shown that:

23         1.  The applicant is not of good moral character or

24  that it would be a danger or not in the best interest of the

25  public health, safety, and welfare if the applicant were

26  issued a permit or certification.

27         2.  The applicant has not met the requirements for the

28  permit or certification.

29         3.  The applicant is not eligible for a permit or

30  certification for any of the reasons enumerated in s. 499.01

31  or s. 499.012(5).

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 1         4.  The applicant, permittee, or person certified under

 2  s. 499.012(11) demonstrates any of the conditions enumerated

 3  in s. 499.01 or s. 499.012(5).

 4         5.  The applicant, permittee, or person certified under

 5  s. 499.012(11) has committed any violation of ss.

 6  499.005-499.0054.

 7         (2)  The department may deny, suspend, or revoke any

 8  registration required by the provisions of ss. 499.001-499.081

 9  for the violation of any provision of ss. 499.001-499.081 or

10  of any rules adopted under those sections.

11         (3)  The department may revoke or suspend a permit:

12         (a)  If the permit was obtained by misrepresentation or

13  fraud or through a mistake of the department;

14         (b)  If the permit was procured, or attempted to be

15  procured, for any other person by making or causing to be made

16  any false representation; or

17         (c)  If the permittee has violated any provision of ss.

18  499.001-499.081 or rules adopted under those sections.

19         (4)  If any permit issued under ss. 499.001-499.081 is

20  revoked or suspended, the owner, manager, operator, or

21  proprietor of the establishment shall cease to operate as the

22  permit authorized, from the effective date of the suspension

23  or revocation until the person is again registered with the

24  department and possesses the required permit.  If a permit is

25  revoked or suspended, the owner, manager, or proprietor shall

26  remove all signs and symbols that identify the operation as

27  premises permitted as a drug wholesaling establishment; drug,

28  device, or cosmetic manufacturing establishment; or retail

29  establishment.  The department shall determine the length of

30  time for which the permit is to be suspended.  If a permit is

31  revoked, the person that owns or operates the establishment

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 1  may not apply for any permit under ss. 499.001-499.081 for a

 2  period of 1 year after the date of the revocation.  A

 3  revocation of a permit may be permanent if the department

 4  considers that to be in the best interest of the public

 5  health.

 6         (5)  The department may deny, suspend, or revoke a

 7  permit issued under ss. 499.001-499.081 which authorizes the

 8  permittee to purchase prescription drugs, if any owner,

 9  officer, employee, or other person who participates in

10  administering or operating the establishment has been found

11  guilty of any violation of ss. 499.001-499.081 or chapter 465,

12  chapter 501, or chapter 893, any rules adopted under any of

13  those sections or chapters, or any federal or state drug law,

14  regardless of whether the person has been pardoned, had her or

15  his civil rights restored, or had adjudication withheld.

16         (6)  The department shall deny, suspend, or revoke the

17  permit of any person or establishment if the assignment, sale,

18  transfer, or lease of an establishment permitted under ss.

19  499.001-499.081 will avoid an administrative penalty, civil

20  action, or criminal prosecution.

21         (7)  Notwithstanding s. 120.60(5), if a permittee fails

22  to comply with s. 499.01(7), the department may revoke the

23  permit of the permittee and shall provide notice of the

24  intended agency action by posting a notice at the department's

25  headquarters and by mailing a copy of the notice of intended

26  agency action by certified mail to the most recent mailing

27  address on record with the department and, if the permittee is

28  not a natural person, to the permittee's registered agent on

29  file with the Department of State.

30         Section 25.  Section 499.069, Florida Statutes, is

31  amended to read:

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 1         499.069  Criminal punishment for violations of s.

 2  499.005 related to devices and cosmetics; dissemination of

 3  false advertisement.--

 4         (1)  Any person who violates any of the provisions of

 5  s. 499.005 with respect to a device or cosmetic commits is

 6  guilty of a misdemeanor of the second degree, punishable as

 7  provided in s. 775.082 or s. 775.083; but, if the violation is

 8  committed after a conviction of such person under this section

 9  has become final, such person is guilty of a misdemeanor of

10  the first degree, punishable as provided in s. 775.082 or s.

11  775.083 or as otherwise provided in ss. 499.001-499.081,

12  except that any person who violates subsection (8), or

13  subsection (10), subsection (14), subsection (15), or

14  subsection (17) of s. 499.005 with respect to a device or

15  cosmetic commits is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084, or as otherwise provided in ss. 499.001-499.081.

18         (2)  A person is not subject to the penalties of

19  subsection (1) for having violated any of the provisions of s.

20  499.005 if he or she establishes a guaranty or undertaking,

21  which guaranty or undertaking is signed by and contains the

22  name and address of the person residing in the state, or the

23  manufacturer, from whom he or she received the article in good

24  faith, to the effect that such article is not adulterated or

25  misbranded within the meaning of ss. 499.001-499.081, citing

26  such sections.

27         (2)(3)  A publisher, radio broadcast licensee, or

28  agency or medium for the dissemination of an advertisement,

29  except the manufacturer, wholesaler, or seller of the article

30  to which a false advertisement relates, is not liable under

31  this section by reason of the dissemination by him or her of

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 1  such false advertisement, unless he or she has refused, on the

 2  request of the department, to furnish to the department the

 3  name and post office address of the manufacturer, wholesaler,

 4  seller, or advertising agency that asked him or her to

 5  disseminate such advertisement.

 6         Section 26.  Section 499.0691, Florida Statutes, is

 7  created to read:

 8         499.0691  Criminal punishment for violations related to

 9  drugs; dissemination of false advertisement.--

10         (1)  Any person who violates any of the following

11  provisions commits a misdemeanor of the second degree,

12  punishable as provided in s. 775.082 or s. 775.083; but, if

13  the violation is committed after a conviction of such person

14  under this section has become final, such person commits a

15  misdemeanor of the first degree, punishable as provided in s.

16  775.082 or s. 775.083, or as otherwise provided in ss.

17  499.001-499.081:

18         (a)  The manufacture, repackaging, sale, delivery, or

19  holding or offering for sale of any drug that is adulterated

20  or misbranded or has otherwise been rendered unfit for human

21  or animal use.

22         (b)  The adulteration or misbranding of any drug

23  intended for further distribution.

24         (c)  The receipt of any drug that is adulterated or

25  misbranded, and the delivery or proffered delivery of such

26  drug, for pay or otherwise.

27         (d)  The dissemination of any false or misleading

28  advertisement of a drug.

29         (e)  The use, on the labeling of any drug or in any

30  advertisement relating to such drug, of any representation or

31  suggestion that an application of the drug is effective when

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 1  it is not or that the drug complies with ss. 499.001-499.081

 2  when it does not.

 3         (f)  The purchase or receipt of a compressed medical

 4  gas from a person that is not authorized under this chapter to

 5  distribute compressed medical gases.

 6         (g)  Charging a dispensing fee for dispensing,

 7  administering, or distributing a prescription drug sample.

 8         (h)  The failure to maintain records related to a drug

 9  as required by ss. 499.001-499.081 and rules adopted under

10  those sections, except for pedigree papers, invoices, or

11  shipping documents related to legend drugs.

12         (i)  The possession of any drug in violation of ss.

13  499.001-499.081, except if the violation relates to a

14  deficiency in pedigree papers.

15         (2)  Any person who violates any of the following

16  provisions commits a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084, or as

18  otherwise provided in ss. 499.001-499.081.

19         (a)  The refusal or constructive refusal to allow:

20         1.  The department to enter or inspect an establishment

21  in which drugs are manufactured, processed, repackaged, sold,

22  brokered, or held;

23         2.  Inspection of any record of that establishment;

24         3.  The department to enter and inspect any vehicle

25  that is being used to transport drugs; or

26         4.  The department to take samples of any drug.

27         (b)  The sale, purchase, or trade, or the offer to

28  sell, purchase, or trade, a drug sample as defined in s.

29  499.028; the distribution of a drug sample in violation of s.

30  499.028; or the failure to otherwise comply with s. 499.028.

31  

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 1         (c)  Providing the department with false or fraudulent

 2  records, or making false or fraudulent statements, regarding

 3  any matter within the provisions of this chapter related to a

 4  drug.

 5         (d)  The failure to receive, maintain, or provide

 6  invoices and shipping documents, other than pedigree papers,

 7  if applicable, related to the distribution of a legend drug.

 8         (e)  The importation of a legend drug for wholesale

 9  distribution, except as provided by s. 801(d) of the Federal

10  Food, Drug, and Cosmetic Act.

11         (f)  The wholesale distribution of any prescription

12  drug that was:

13         1.  Purchased by a public or private hospital or other

14  health care entity; or

15         2.  Donated or supplied at a reduced price to a

16  charitable organization.

17         (g)  The failure to obtain a permit as a prescription

18  drug wholesaler when a permit is required by ss.

19  499.001-499.081 for that activity.

20         (h)  Knowingly possessing any adulterated or misbranded

21  legend drug outside of a designated quarantine area.

22         (i)  The purchase or sale of prescription drugs for

23  wholesale distribution in exchange for currency, as defined in

24  s. 560.103(6).

25         (3)  Any person who violates any of the following

26  provisions commits a felony of the second degree, punishable

27  as provided in s. 775.082, s. 775.083, or s. 775.084, or as

28  otherwise provided in ss. 499.001-499.081.

29         (a)  Knowingly manufacturing, repackaging, selling,

30  delivering, or holding or offering for sale any drug that is

31  

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 1  adulterated or misbranded or has otherwise been rendered unfit

 2  for human or animal use.

 3         (b)  Knowingly adulterating a drug that is intended for

 4  further distribution.

 5         (c)  Knowingly receiving a drug that is adulterated and

 6  delivering or proffering delivery of such drug for pay or

 7  otherwise.

 8         (d)  Committing any act that causes a drug to be a

 9  counterfeit drug, or selling, dispensing, or knowingly holding

10  for sale a counterfeit drug.

11         (e)  Forging, counterfeiting, simulating, or falsely

12  representing any drug, or, without the authority of the

13  manufacturer, using any mark, stamp, tag, label, or other

14  identification device authorized or required by rules adopted

15  under ss. 499.001-499.081.

16         (f)  Knowingly obtaining or attempting to obtain a

17  prescription drug for wholesale distribution by fraud, deceit,

18  misrepresentation, or subterfuge, or engaging in

19  misrepresentation or fraud in the distribution of a drug.

20         (g)  Removing a pharmacy's dispensing label from a

21  dispensed prescription drug with the intent to further

22  distribute the prescription drug.

23         (h)  Knowingly distributing a prescription drug that

24  was previously dispensed by a licensed pharmacy, unless such

25  distribution was authorized in chapter 465 or the rules

26  adopted under chapter 465.

27         (4)  A publisher, radio broadcast licensee, or agency

28  or medium for the dissemination of an advertisement, except

29  the manufacturer, repackager, wholesaler, or seller of the

30  article to which a false advertisement relates, is not liable

31  under this section by reason of the dissemination by him or

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 1  her of such false advertisement, unless he or she has refused,

 2  on the request of the department, to furnish to the department

 3  the name and post office address of the manufacturer,

 4  repackager, wholesaler, seller, or advertising agency that

 5  asked him or her to disseminate such advertisement.

 6         Section 27.  Paragraphs (d), (f), (h), (i), and (j) of

 7  subsection (3) of section 921.0022, Florida Statutes, are

 8  amended to read:

 9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12  

13  Florida           Felony

14  Statute           Degree             Description

15  

16                     

17                              (d)  LEVEL 4

18  316.1935(3)        2nd      Driving at high speed or with

19                              wanton disregard for safety while

20                              fleeing or attempting to elude

21                              law enforcement officer who is in

22                              a marked patrol vehicle with

23                              siren and lights activated.

24  499.0051(1)        3rd      Failure to maintain or deliver

25                              pedigree papers.

26  499.0051(2)        3rd      Failure to authenticate pedigree

27                              papers.

28  499.0051(6)        2nd      Sale or delivery, or possession

29                              with intent to sell, contraband

30                              legend drugs.

31  

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 1  784.07(2)(b)       3rd      Battery of law enforcement

 2                              officer, firefighter, intake

 3                              officer, etc.

 4  784.074(1)(c)      3rd      Battery of sexually violent

 5                              predators facility staff.

 6  784.075            3rd      Battery on detention or

 7                              commitment facility staff.

 8  784.078            3rd      Battery of facility employee by

 9                              throwing, tossing, or expelling

10                              certain fluids or materials.

11  784.08(2)(c)       3rd      Battery on a person 65 years of

12                              age or older.

13  784.081(3)         3rd      Battery on specified official or

14                              employee.

15  784.082(3)         3rd      Battery by detained person on

16                              visitor or other detainee.

17  784.083(3)         3rd      Battery on code inspector.

18  784.085            3rd      Battery of child by throwing,

19                              tossing, projecting, or expelling

20                              certain fluids or materials.

21  787.03(1)          3rd      Interference with custody;

22                              wrongly takes child from

23                              appointed guardian.

24  787.04(2)          3rd      Take, entice, or remove child

25                              beyond state limits with criminal

26                              intent pending custody

27                              proceedings.

28  

29  

30  

31  

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 1  787.04(3)          3rd      Carrying child beyond state lines

 2                              with criminal intent to avoid

 3                              producing child at custody

 4                              hearing or delivering to

 5                              designated person.

 6  790.115(1)         3rd      Exhibiting firearm or weapon

 7                              within 1,000 feet of a school.

 8  790.115(2)(b)      3rd      Possessing electric weapon or

 9                              device, destructive device, or

10                              other weapon on school property.

11  790.115(2)(c)      3rd      Possessing firearm on school

12                              property.

13  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

14                              offender less than 18 years.

15  810.02(4)(a)       3rd      Burglary, or attempted burglary,

16                              of an unoccupied structure;

17                              unarmed; no assault or battery.

18  810.02(4)(b)       3rd      Burglary, or attempted burglary,

19                              of an unoccupied conveyance;

20                              unarmed; no assault or battery.

21  810.06             3rd      Burglary; possession of tools.

22  810.08(2)(c)       3rd      Trespass on property, armed with

23                              firearm or dangerous weapon.

24  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

25                              or more but less than $20,000.

26  812.014

27   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

28                              firearm, motor vehicle,

29                              livestock, etc.

30  

31  

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 1  812.0195(2)        3rd      Dealing in stolen property by use

 2                              of the Internet; property stolen

 3                              $300 or more.

 4  817.563(1)         3rd      Sell or deliver substance other

 5                              than controlled substance agreed

 6                              upon, excluding s. 893.03(5)

 7                              drugs.

 8  817.568(2)(a)      3rd      Fraudulent use of personal

 9                              identification information.

10  817.625(2)(a)      3rd      Fraudulent use of scanning device

11                              or reencoder.

12  828.125(1)         2nd      Kill, maim, or cause great bodily

13                              harm or permanent breeding

14                              disability to any registered

15                              horse or cattle.

16  837.02(1)          3rd      Perjury in official proceedings.

17  837.021(1)         3rd      Make contradictory statements in

18                              official proceedings.

19  839.13(2)(a)       3rd      Falsifying records of an

20                              individual in the care and

21                              custody of a state agency.

22  839.13(2)(c)       3rd      Falsifying records of the

23                              Department of Children and Family

24                              Services.

25  843.021            3rd      Possession of a concealed

26                              handcuff key by a person in

27                              custody.

28  843.025            3rd      Deprive law enforcement,

29                              correctional, or correctional

30                              probation officer of means of

31                              protection or communication.

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 1  843.15(1)(a)       3rd      Failure to appear while on bail

 2                              for felony (bond estreature or

 3                              bond jumping).

 4  874.05(1)          3rd      Encouraging or recruiting another

 5                              to join a criminal street gang.

 6  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

 7                              893.03(1)(a), (b), or (d),

 8                              (2)(a), (2)(b), or (2)(c)4.

 9                              drugs).

10  914.14(2)          3rd      Witnesses accepting bribes.

11  914.22(1)          3rd      Force, threaten, etc., witness,

12                              victim, or informant.

13  914.23(2)          3rd      Retaliation against a witness,

14                              victim, or informant, no bodily

15                              injury.

16  918.12             3rd      Tampering with jurors.

17  934.215            3rd      Use of two-way communications

18                              device to facilitate commission

19                              of a crime.

20                              (f)  LEVEL 6

21  316.027(1)(b)      2nd      Accident involving death, failure

22                              to stop; leaving scene.

23  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

24                              conviction.

25  499.0051(3)        2nd      Forgery of pedigree papers.

26  499.0051(4)        2nd      Purchase or receipt of legend

27                              drug from unauthorized person.

28  499.0051(5)        2nd      Sale of legend drug to

29                              unauthorized person.

30  775.0875(1)        3rd      Taking firearm from law

31                              enforcement officer.

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 1  775.21(10)         3rd      Sexual predators; failure to

 2                              register; failure to renew

 3                              driver's license or

 4                              identification card.

 5  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 6                              without intent to kill.

 7  784.021(1)(b)      3rd      Aggravated assault; intent to

 8                              commit felony.

 9  784.041            3rd      Felony battery.

10  784.048(3)         3rd      Aggravated stalking; credible

11                              threat.

12  784.048(5)         3rd      Aggravated stalking of person

13                              under 16.

14  784.07(2)(c)       2nd      Aggravated assault on law

15                              enforcement officer.

16  784.074(1)(b)      2nd      Aggravated assault on sexually

17                              violent predators facility staff.

18  784.08(2)(b)       2nd      Aggravated assault on a person 65

19                              years of age or older.

20  784.081(2)         2nd      Aggravated assault on specified

21                              official or employee.

22  784.082(2)         2nd      Aggravated assault by detained

23                              person on visitor or other

24                              detainee.

25  784.083(2)         2nd      Aggravated assault on code

26                              inspector.

27  787.02(2)          3rd      False imprisonment; restraining

28                              with purpose other than those in

29                              s. 787.01.

30  790.115(2)(d)      2nd      Discharging firearm or weapon on

31                              school property.

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 1  790.161(2)         2nd      Make, possess, or throw

 2                              destructive device with intent to

 3                              do bodily harm or damage

 4                              property.

 5  790.164(1)         2nd      False report of deadly explosive,

 6                              weapon of mass destruction, or

 7                              act of arson or violence to state

 8                              property.

 9  790.19             2nd      Shooting or throwing deadly

10                              missiles into dwellings, vessels,

11                              or vehicles.

12  794.011(8)(a)      3rd      Solicitation of minor to

13                              participate in sexual activity by

14                              custodial adult.

15  794.05(1)          2nd      Unlawful sexual activity with

16                              specified minor.

17  800.04(5)(d)       3rd      Lewd or lascivious molestation;

18                              victim 12 years of age or older

19                              but less than 16 years; offender

20                              less than 18 years.

21  800.04(6)(b)       2nd      Lewd or lascivious conduct;

22                              offender 18 years of age or

23                              older.

24  806.031(2)         2nd      Arson resulting in great bodily

25                              harm to firefighter or any other

26                              person.

27  810.02(3)(c)       2nd      Burglary of occupied structure;

28                              unarmed; no assault or battery.

29  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

30                              but less than $100,000, grand

31                              theft in 2nd degree.

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 1  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

 2                              less than $50,000, grand theft in

 3                              2nd degree.

 4  812.015(9)         2nd      Retail theft; property stolen

 5                              $300 or more; second or

 6                              subsequent conviction.

 7  812.13(2)(c)       2nd      Robbery, no firearm or other

 8                              weapon (strong-arm robbery).

 9  817.034(4)(a)1.    1st      Communications fraud, value

10                              greater than $50,000.

11  817.4821(5)        2nd      Possess cloning paraphernalia

12                              with intent to create cloned

13                              cellular telephones.

14  825.102(1)         3rd      Abuse of an elderly person or

15                              disabled adult.

16  825.102(3)(c)      3rd      Neglect of an elderly person or

17                              disabled adult.

18  825.1025(3)        3rd      Lewd or lascivious molestation of

19                              an elderly person or disabled

20                              adult.

21  825.103(2)(c)      3rd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at less than $20,000.

24  827.03(1)          3rd      Abuse of a child.

25  827.03(3)(c)       3rd      Neglect of a child.

26  827.071(2)&(3)     2nd      Use or induce a child in a sexual

27                              performance, or promote or direct

28                              such performance.

29  836.05             2nd      Threats; extortion.

30  836.10             2nd      Written threats to kill or do

31                              bodily injury.

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 1  843.12             3rd      Aids or assists person to escape.

 2  847.0135(3)        3rd      Solicitation of a child, via a

 3                              computer service, to commit an

 4                              unlawful sex act.

 5  914.23             2nd      Retaliation against a witness,

 6                              victim, or informant, with bodily

 7                              injury.

 8  943.0435(9)        3rd      Sex offenders; failure to comply

 9                              with reporting requirements.

10  944.35(3)(a)2.     3rd      Committing malicious battery upon

11                              or inflicting cruel or inhuman

12                              treatment on an inmate or

13                              offender on community

14                              supervision, resulting in great

15                              bodily harm.

16  944.40             2nd      Escapes.

17  944.46             3rd      Harboring, concealing, aiding

18                              escaped prisoners.

19  944.47(1)(a)5.     2nd      Introduction of contraband

20                              (firearm, weapon, or explosive)

21                              into correctional facility.

22  951.22(1)          3rd      Intoxicating drug, firearm, or

23                              weapon introduced into county

24                              facility.

25                              (h)  LEVEL 8

26  316.193

27   (3)(c)3.a.        2nd      DUI manslaughter.

28  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

29  499.0051(7)        1st      Forgery of prescription or legend

30                              drug labels.

31  

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 1  499.0052           1st      Trafficking in contraband legend

 2                              drugs.

 3  560.123(8)(b)2.    2nd      Failure to report currency or

 4                              payment instruments totaling or

 5                              exceeding $20,000, but less than

 6                              $100,000 by money transmitter.

 7  560.125(5)(b)      2nd      Money transmitter business by

 8                              unauthorized person, currency or

 9                              payment instruments totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  655.50(10)(b)2.    2nd      Failure to report financial

13                              transactions totaling or

14                              exceeding $20,000, but less than

15                              $100,000 by financial

16                              institutions.

17  777.03(2)(a)       1st      Accessory after the fact, capital

18                              felony.

19  782.04(4)          2nd      Killing of human without design

20                              when engaged in act or attempt of

21                              any felony other than arson,

22                              sexual battery, robbery,

23                              burglary, kidnapping, aircraft

24                              piracy, or unlawfully discharging

25                              bomb.

26  782.051(2)         1st      Attempted felony murder while

27                              perpetrating or attempting to

28                              perpetrate a felony not

29                              enumerated in s. 782.04(3).

30  

31  

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 1  782.071(1)(b)      1st      Committing vehicular homicide and

 2                              failing to render aid or give

 3                              information.

 4  782.072(2)         1st      Committing vessel homicide and

 5                              failing to render aid or give

 6                              information.

 7  790.161(3)         1st      Discharging a destructive device

 8                              which results in bodily harm or

 9                              property damage.

10  794.011(5)         2nd      Sexual battery, victim 12 years

11                              or over, offender does not use

12                              physical force likely to cause

13                              serious injury.

14  800.04(4)          2nd      Lewd or lascivious battery.

15  806.01(1)          1st      Maliciously damage dwelling or

16                              structure by fire or explosive,

17                              believing person in structure.

18  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

19  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

20                              or dangerous weapon.

21  810.02(2)(c)       1st      Burglary of a dwelling or

22                              structure causing structural

23                              damage or $1,000 or more property

24                              damage.

25  812.13(2)(b)       1st      Robbery with a weapon.

26  812.135(2)         1st      Home-invasion robbery.

27  825.102(2)         2nd      Aggravated abuse of an elderly

28                              person or disabled adult.

29  825.1025(2)        2nd      Lewd or lascivious battery upon

30                              an elderly person or disabled

31                              adult.

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 1  825.103(2)(a)      1st      Exploiting an elderly person or

 2                              disabled adult and property is

 3                              valued at $100,000 or more.

 4  837.02(2)          2nd      Perjury in official proceedings

 5                              relating to prosecution of a

 6                              capital felony.

 7  837.021(2)         2nd      Making contradictory statements

 8                              in official proceedings relating

 9                              to prosecution of a capital

10                              felony.

11  860.121(2)(c)      1st      Shooting at or throwing any

12                              object in path of railroad

13                              vehicle resulting in great bodily

14                              harm.

15  860.16             1st      Aircraft piracy.

16  893.13(1)(b)       1st      Sell or deliver in excess of 10

17                              grams of any substance specified

18                              in s. 893.03(1)(a) or (b).

19  893.13(2)(b)       1st      Purchase in excess of 10 grams of

20                              any substance specified in s.

21                              893.03(1)(a) or (b).

22  893.13(6)(c)       1st      Possess in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.135(1)(a)2.    1st      Trafficking in cannabis, more

26                              than 2,000 lbs., less than 10,000

27                              lbs.

28  893.135

29   (1)(b)1.b.        1st      Trafficking in cocaine, more than

30                              200 grams, less than 400 grams.

31  

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 1  893.135

 2   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 3                              more than 14 grams, less than 28

 4                              grams.

 5  893.135

 6   (1)(d)1.b.        1st      Trafficking in phencyclidine,

 7                              more than 200 grams, less than

 8                              400 grams.

 9  893.135

10   (1)(e)1.b.        1st      Trafficking in methaqualone, more

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

14   (1)(f)1.b.        1st      Trafficking in amphetamine, more

15                              than 28 grams, less than 200

16                              grams.

17  893.135

18   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

19                              grams or more, less than 28

20                              grams.

21  893.135

22   (1)(h)1.b.        1st      Trafficking in

23                              gamma-hydroxybutyric acid (GHB),

24                              5 kilograms or more, less than 10

25                              kilograms.

26  893.135

27   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

28                              kilograms or more, less than 10

29                              kilograms.

30  

31  

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 1  893.135

 2   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 3                              200 grams or more, less than 400

 4                              grams.

 5  895.03(1)          1st      Use or invest proceeds derived

 6                              from pattern of racketeering

 7                              activity.

 8  895.03(2)          1st      Acquire or maintain through

 9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15  896.101(5)(b)      2nd      Money laundering, financial

16                              transactions totaling or

17                              exceeding $20,000, but less than

18                              $100,000.

19  896.104(4)(a)2.    2nd      Structuring transactions to evade

20                              reporting or registration

21                              requirements, financial

22                              transactions totaling or

23                              exceeding $20,000 but less than

24                              $100,000.

25                              (i)  LEVEL 9

26  316.193

27   (3)(c)3.b.        1st      DUI manslaughter; failing to

28                              render aid or give information.

29  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

30                              render aid or give information.

31  

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 1  499.0053           1st      Sale or purchase of contraband

 2                              legend drugs resulting in great

 3                              bodily harm.

 4  560.123(8)(b)3.    1st      Failure to report currency or

 5                              payment instruments totaling or

 6                              exceeding $100,000 by money

 7                              transmitter.

 8  560.125(5)(c)      1st      Money transmitter business by

 9                              unauthorized person, currency, or

10                              payment instruments totaling or

11                              exceeding $100,000.

12  655.50(10)(b)3.    1st      Failure to report financial

13                              transactions totaling or

14                              exceeding $100,000 by financial

15                              institution.

16  775.0844           1st      Aggravated white collar crime.

17  782.04(1)          1st      Attempt, conspire, or solicit to

18                              commit premeditated murder.

19  782.04(3)          1st,PBL   Accomplice to murder in

20                              connection with arson, sexual

21                              battery, robbery, burglary, and

22                              other specified felonies.

23  782.051(1)         1st      Attempted felony murder while

24                              perpetrating or attempting to

25                              perpetrate a felony enumerated in

26                              s. 782.04(3).

27  782.07(2)          1st      Aggravated manslaughter of an

28                              elderly person or disabled adult.

29  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

30                              reward or as a shield or hostage.

31  

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 1  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 2                              or facilitate commission of any

 3                              felony.

 4  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 5                              interfere with performance of any

 6                              governmental or political

 7                              function.

 8  787.02(3)(a)       1st      False imprisonment; child under

 9                              age 13; perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  790.161            1st      Attempted capital destructive

15                              device offense.

16  790.166(2)         1st,PBL  Possessing, selling, using, or

17                              attempting to use a weapon of

18                              mass destruction.

19  794.011(2)         1st      Attempted sexual battery; victim

20                              less than 12 years of age.

21  794.011(2)         Life     Sexual battery; offender younger

22                              than 18 years and commits sexual

23                              battery on a person less than 12

24                              years.

25  794.011(4)         1st      Sexual battery; victim 12 years

26                              or older, certain circumstances.

27  794.011(8)(b)      1st      Sexual battery; engage in sexual

28                              conduct with minor 12 to 18 years

29                              by person in familial or

30                              custodial authority.

31  

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 1  800.04(5)(b)       1st      Lewd or lascivious molestation;

 2                              victim less than 12 years;

 3                              offender 18 years or older.

 4  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 5                              deadly weapon.

 6  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 7                              deadly weapon.

 8  827.03(2)          1st      Aggravated child abuse.

 9  847.0145(1)        1st      Selling, or otherwise

10                              transferring custody or control,

11                              of a minor.

12  847.0145(2)        1st      Purchasing, or otherwise

13                              obtaining custody or control, of

14                              a minor.

15  859.01             1st      Poisoning or introducing

16                              bacteria, radioactive materials,

17                              viruses, or chemical compounds

18                              into food, drink, medicine, or

19                              water with intent to kill or

20                              injure another person.

21  893.135            1st      Attempted capital trafficking

22                              offense.

23  893.135(1)(a)3.    1st      Trafficking in cannabis, more

24                              than 10,000 lbs.

25  893.135

26   (1)(b)1.c.        1st      Trafficking in cocaine, more than

27                              400 grams, less than 150

28                              kilograms.

29  

30  

31  

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 1  893.135

 2   (1)(c)1.c.        1st      Trafficking in illegal drugs,

 3                              more than 28 grams, less than 30

 4                              kilograms.

 5  893.135

 6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 7                              more than 400 grams.

 8  893.135

 9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

19   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

20                              kilograms or more.

21  893.135

22   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.

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 1                              (j)  LEVEL 10

 2  499.0054           1st      Sale or purchase of contraband

 3                              legend drugs resulting in death.

 4  782.04(2)          1st,PBL  Unlawful killing of human; act is

 5                              homicide, unpremeditated.

 6  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

 7                              upon or terrorize victim.

 8  787.01(3)(a)       Life     Kidnapping; child under age 13,

 9                              perpetrator also commits

10                              aggravated child abuse, sexual

11                              battery, or lewd or lascivious

12                              battery, molestation, conduct, or

13                              exhibition.

14  782.07(3)          1st      Aggravated manslaughter of a

15                              child.

16  794.011(3)         Life     Sexual battery; victim 12 years

17                              or older, offender uses or

18                              threatens to use deadly weapon or

19                              physical force to cause serious

20                              injury.

21  876.32             1st      Treason against the state.

22         Section 28.  Paragraph (a) of subsection (1) of section

23  16.56, Florida Statutes, is amended to read:

24         16.56  Office of Statewide Prosecution.--

25         (1)  There is created in the Department of Legal

26  Affairs an Office of Statewide Prosecution.  The office shall

27  be a separate "budget entity" as that term is defined in

28  chapter 216.  The office may:

29         (a)  Investigate and prosecute the offenses of:

30  

31  

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 1         1.  Bribery, burglary, criminal usury, extortion,

 2  gambling, kidnapping, larceny, murder, prostitution, perjury,

 3  robbery, carjacking, and home-invasion robbery;

 4         2.  Any crime involving narcotic or other dangerous

 5  drugs;

 6         3.  Any violation of the provisions of the Florida RICO

 7  (Racketeer Influenced and Corrupt Organization) Act, including

 8  any offense listed in the definition of racketeering activity

 9  in s. 895.02(1)(a), providing such listed offense is

10  investigated in connection with a violation of s. 895.03 and

11  is charged in a separate count of an information or indictment

12  containing a count charging a violation of s. 895.03, the

13  prosecution of which listed offense may continue independently

14  if the prosecution of the violation of s. 895.03 is terminated

15  for any reason;

16         4.  Any violation of the provisions of the Florida

17  Anti-Fencing Act;

18         5.  Any violation of the provisions of the Florida

19  Antitrust Act of 1980, as amended;

20         6.  Any crime involving, or resulting in, fraud or

21  deceit upon any person;

22         7.  Any violation of s. 847.0135, relating to computer

23  pornography and child exploitation prevention, or any offense

24  related to a violation of s. 847.0135; or

25         8.  Any violation of the provisions of chapter 815; or

26         9.  Any criminal violation of part I of chapter 499.

27  

28  or any attempt, solicitation, or conspiracy to commit any of

29  the crimes specifically enumerated above.  The office shall

30  have such power only when any such offense is occurring, or

31  has occurred, in two or more judicial circuits as part of a

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 1  related transaction, or when any such offense is connected

 2  with an organized criminal conspiracy affecting two or more

 3  judicial circuits.

 4         Section 29.  Paragraph (a) of subsection (1) of section

 5  895.02, Florida Statutes, is amended to read:

 6         895.02  Definitions.--As used in ss. 895.01-895.08, the

 7  term:

 8         (1)  "Racketeering activity" means to commit, to

 9  attempt to commit, to conspire to commit, or to solicit,

10  coerce, or intimidate another person to commit:

11         (a)  Any crime which is chargeable by indictment or

12  information under the following provisions of the Florida

13  Statutes:

14         1.  Section 210.18, relating to evasion of payment of

15  cigarette taxes.

16         2.  Section 403.727(3)(b), relating to environmental

17  control.

18         3.  Section 414.39, relating to public assistance

19  fraud.

20         4.  Section 409.920, relating to Medicaid provider

21  fraud.

22         5.  Section 440.105 or s. 440.106, relating to workers'

23  compensation.

24         6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

25  and 499.0691, relating to crimes involving contraband and

26  adulterated drugs.

27         7.6.  Part IV of chapter 501, relating to

28  telemarketing.

29         8.7.  Chapter 517, relating to sale of securities and

30  investor protection.

31  

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 1         9.8.  Section 550.235, s. 550.3551, or s. 550.3605,

 2  relating to dogracing and horseracing.

 3         10.9.  Chapter 550, relating to jai alai frontons.

 4         11.10.  Chapter 552, relating to the manufacture,

 5  distribution, and use of explosives.

 6         12.11.  Chapter 560, relating to money transmitters, if

 7  the violation is punishable as a felony.

 8         13.12.  Chapter 562, relating to beverage law

 9  enforcement.

10         14.13.  Section 624.401, relating to transacting

11  insurance without a certificate of authority, s.

12  624.437(4)(c)1., relating to operating an unauthorized

13  multiple-employer welfare arrangement, or s. 626.902(1)(b),

14  relating to representing or aiding an unauthorized insurer.

15         15.14.  Section 655.50, relating to reports of currency

16  transactions, when such violation is punishable as a felony.

17         16.15.  Chapter 687, relating to interest and usurious

18  practices.

19         17.16.  Section 721.08, s. 721.09, or s. 721.13,

20  relating to real estate timeshare plans.

21         18.17.  Chapter 782, relating to homicide.

22         19.18.  Chapter 784, relating to assault and battery.

23         20.19.  Chapter 787, relating to kidnapping.

24         21.20.  Chapter 790, relating to weapons and firearms.

25         22.21.  Section 796.03, s. 796.04, s.  796.05, or s.

26  796.07, relating to prostitution.

27         23.22.  Chapter 806, relating to arson.

28         24.23.  Section 810.02(2)(c), relating to specified

29  burglary of a dwelling or structure.

30         25.24.  Chapter 812, relating to theft, robbery, and

31  related crimes.

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 1         26.25.  Chapter 815, relating to computer-related

 2  crimes.

 3         27.26.  Chapter 817, relating to fraudulent practices,

 4  false pretenses, fraud generally, and credit card crimes.

 5         28.27.  Chapter 825, relating to abuse, neglect, or

 6  exploitation of an elderly person or disabled adult.

 7         29.28.  Section 827.071, relating to commercial sexual

 8  exploitation of children.

 9         30.29.  Chapter 831, relating to forgery and

10  counterfeiting.

11         31.30.  Chapter 832, relating to issuance of worthless

12  checks and drafts.

13         32.31.  Section 836.05, relating to extortion.

14         33.32.  Chapter 837, relating to perjury.

15         34.33.  Chapter 838, relating to bribery and misuse of

16  public office.

17         35.34.  Chapter 843, relating to obstruction of

18  justice.

19         36.35.  Section 847.011, s. 847.012, s. 847.013, s.

20  847.06, or s. 847.07, relating to obscene literature and

21  profanity.

22         37.36.  Section 849.09, s. 849.14, s. 849.15, s.

23  849.23, or s. 849.25, relating to gambling.

24         38.37.  Chapter 874, relating to criminal street gangs.

25         39.38.  Chapter 893, relating to drug abuse prevention

26  and control.

27         40.39.  Chapter 896, relating to offenses related to

28  financial transactions.

29         41.40.  Sections 914.22 and 914.23, relating to

30  tampering with a witness, victim, or informant, and

31  retaliation against a witness, victim, or informant.

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 1         42.41.  Sections 918.12 and 918.13, relating to

 2  tampering with jurors and evidence.

 3         Section 30.  Section 905.34, Florida Statutes, is

 4  amended to read:

 5         905.34  Powers and duties; law applicable.--The

 6  jurisdiction of a statewide grand jury impaneled under this

 7  chapter shall extend throughout the state. The subject matter

 8  jurisdiction of the statewide grand jury shall be limited to

 9  the offenses of:

10         (1)  Bribery, burglary, carjacking, home-invasion

11  robbery, criminal usury, extortion, gambling, kidnapping,

12  larceny, murder, prostitution, perjury, and robbery;

13         (2)  Crimes involving narcotic or other dangerous

14  drugs;

15         (3)  Any violation of the provisions of the Florida

16  RICO (Racketeer Influenced and Corrupt Organization) Act,

17  including any offense listed in the definition of racketeering

18  activity in s. 895.02(1)(a), providing such listed offense is

19  investigated in connection with a violation of s. 895.03 and

20  is charged in a separate count of an information or indictment

21  containing a count charging a violation of s. 895.03, the

22  prosecution of which listed offense may continue independently

23  if the prosecution of the violation of s. 895.03 is terminated

24  for any reason;

25         (4)  Any violation of the provisions of the Florida

26  Anti-Fencing Act;

27         (5)  Any violation of the provisions of the Florida

28  Antitrust Act of 1980, as amended;

29         (6)  Any violation of the provisions of chapter 815;

30         (7)  Any crime involving, or resulting in, fraud or

31  deceit upon any person;

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 1         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

 2  847.0138 relating to computer pornography and child

 3  exploitation prevention, or any offense related to a violation

 4  of s. 847.0135, s. 847.0137, or s. 847.0138; or

 5         (9)  Any criminal violation of part I of chapter 499.

 6  

 7  or any attempt, solicitation, or conspiracy to commit any

 8  violation of the crimes specifically enumerated above, when

 9  any such offense is occurring, or has occurred, in two or more

10  judicial circuits as part of a related transaction or when any

11  such offense is connected with an organized criminal

12  conspiracy affecting two or more judicial circuits.  The

13  statewide grand jury may return indictments and presentments

14  irrespective of the county or judicial circuit where the

15  offense is committed or triable.  If an indictment is

16  returned, it shall be certified and transferred for trial to

17  the county where the offense was committed.  The powers and

18  duties of, and law applicable to, county grand juries shall

19  apply to a statewide grand jury except when such powers,

20  duties, and law are inconsistent with the provisions of ss.

21  905.31-905.40.

22         Section 31.  If any provision of this act or its

23  application to any person or circumstance is held invalid, the

24  invalidity does not affect other provisions or applications of

25  the act which can be given effect without the invalid

26  provision or application, and to this end the provisions of

27  this act are severable.

28         Section 32.  Except as otherwise expressly provided in

29  this act, this act shall take effect July 1, 2003.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the Prescription Drug Protection Act. Provides
      requirements for the regulation of prescription drug
 4    wholesalers, repackagers, and manufacturers by the
      Department of Health. Provides certain felony penalties
 5    for violations involving the failure to maintain,
      deliver, or authenticate pedigree papers; purchasing or
 6    selling unlicensed drugs; the possession or selling of
      contraband legend drugs; and the forging of certain
 7    labels. Requires that drug repackagers, nonresident
      manufacturers, and freight forwarders obtain a permit
 8    from the Department of Health. Provides bond requirements
      for drug wholesalers. Authorizes the department to
 9    conduct inspections and close facilities that present a
      danger to public health. Includes certain violations of
10    pt. I of ch. 499, F.S., within the definition of
      racketeering activities and authorizes prosecution by the
11    Office of Statewide Prosecution. (See bill for details.)

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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