Senate Bill sb0704c1

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    Florida Senate - 2004                            CS for SB 704

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    302-2231-04

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         499.012, F.S.; exempting certain personal

  4         identifying information submitted as part of an

  5         application as a prescription drug wholesaler

  6         or out-of-state prescription drug wholesaler

  7         from disclosure as a public record; providing

  8         for future legislative review and repeal;

  9         providing findings of public necessity;

10         providing an effective date.

11  

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

13  

14         Section 1.  Subsection (13) is added to section

15  499.012, Florida Statutes, to read:

16         499.012  Wholesale distribution; definitions; permits;

17  applications; general requirements.--

18         (13)(a)  Personal identifying information, including

19  fingerprints, of the following persons in an application for a

20  permit or an application to renew a permit for a prescription

21  drug wholesaler or an out-of-state prescription drug

22  wholesaler which is submitted to the department pursuant to

23  subsection (3) is exempt from s. 119.07(1) and s. 24(a), Art.

24  I of the State Constitution:

25         1.  A manager for a prescription drug wholesale

26  operation establishment;

27         2.  The next four highest ranking employees responsible

28  for prescription drug wholesale operations for an

29  establishment;

30         3.  The designated representative; and

31  

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    Florida Senate - 2004                            CS for SB 704
    302-2231-04




 1         4.  Each family member of the designated

 2  representative, the prescription drug wholesaler's warehouse

 3  manager, the next four highest ranking employees.

 4         (b)  If an application for a permit or an application

 5  to renew a permit under this section is not approved, the

 6  personal identifying information made exempt pursuant to this

 7  subsection shall become public 5 years after the date of

 8  application; however, personal identifying information of a

 9  manager, the next four highest ranking employees, a designated

10  representative, or of their family members in an unapproved

11  application shall not become available to the public 5 years

12  after the date of application if personal identifying

13  information of that manager, highest ranking employee, or

14  designated representative is included in another approved

15  application.

16         (c)  The exemption in this subsection applies to all

17  personal identifying information contained in such an

18  application held by the department before, on, or after the

19  effective date of this exemption.

20         Section 2.  Subsection (13) of section 499.012, Florida

21  Statutes, is subject to the Open Government Sunset Review Act

22  of 1995 in accordance with section 119.15, Florida Statutes,

23  and shall stand repealed on October 2, 2009, unless reviewed

24  and saved from repeal through reenactment by the Legislature.

25         Section 3.  The Legislature finds that it is a public

26  necessity to make exempt from public disclosure personal

27  identifying information, including fingerprints, of a

28  prescription drug wholesaler's designated representative,

29  warehouse manager, the next four highest ranking employees of

30  the warehouse who are responsible for prescription drug

31  wholesale operations, and each family member, which

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    Florida Senate - 2004                            CS for SB 704
    302-2231-04




 1  information is contained in an application for a permit or an

 2  application to renew a permit for a prescription drug

 3  wholesaler or out-of-state prescription drug wholesaler which

 4  is submitted pursuant to section 499.012(3), Florida Statutes.

 5  The Legislature, in an attempt to ensure compliance with state

 6  and federal requirements related to pharmaceuticals, has

 7  established a program to regulate and oversee prescription

 8  drug wholesalers. One important part of this program is the

 9  identification of the prescription drug wholesaler's

10  designated representative, warehouse managers, the next four

11  highest ranking warehouse employees responsible for

12  prescription drug wholesale operations for an establishment,

13  and certain members of their families. The purpose for

14  requiring an applicant to identify these person is to ensure

15  that drug wholesaler establishments do not employ persons who

16  have engaged in illegal drug activities. By requiring the

17  identification of these employees and family members, the

18  state can provide greater oversight of drug wholesaler

19  activities. Identification of these employees and their family

20  members in an application, however, makes these persons known

21  to members of the public, including persons who could use this

22  information to commit drug-related crimes. For example, a

23  person with knowledge of the names of the manager, the next

24  four highest employees, and their family members could kidnap

25  any of these persons and force them to open the warehouse

26  where these pharmaceuticals are stored. A person with

27  knowledge of the names of the manager, the next four highest

28  employees, and their family members could kidnap any of these

29  persons and learn the identification of pharmaceutical

30  delivery vehicles and the routes of those vehicles. This could

31  result in the hijacking of these trucks and the diversion of

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    Florida Senate - 2004                            CS for SB 704
    302-2231-04




 1  drugs from the legal channels of trade. Not only would this

 2  defeat the purpose of the program, it would put at risk the

 3  lives of the manager, the next four highest employees, and

 4  their family members. In addition, federal Drug Enforcement

 5  Administration regulation 21 C.F.R. s. 1301.71(a) states

 6  "registrant shall provide effective controls and procedures to

 7  guard against theft and diversion." Allowing the identity of

 8  these employees and their families to be available to the

 9  public would be counter to the Drug Enforcement Administration

10  requirements. Also, if family members of these employees are

11  law enforcement officers or hold other occupations for which

12  personal identifying information is exempt and confidential

13  from public records as provided in section 119.07, Florida

14  Statutes, this information will not be held to the same

15  standard when provided pursuant to section 499.012(3), Florida

16  Statutes. As a result, it is a public necessity that personal

17  identifying information of the prescription drug wholesaler's

18  designated representative, warehouse manager, the next four

19  highest prescription drug wholesaler's warehouse employees,

20  and their family members contained in an application made

21  pursuant to section 499.012(3), Florida Statutes, be made

22  exempt from the requirements of section 119.07(1), Florida

23  Statutes, and Section (24)(a) of Article I of the State

24  Constitution.

25         Section 4.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2004                            CS for SB 704
    302-2231-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 704

 3                                 

 4  Creates an exemption for personal identifying information for
    certain persons who are identified in an application for a
 5  permit or permit renewal for a prescription drug wholesaler
    under s. 499.012(3),F.S.
 6  
    Provides for retroactive application of the exemption.
 7  
    Terminates exemption in an application that is rejected or not
 8  renewed 5 years after application date unless that information
    is contained in another approved application.
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    Provides for sunset on October 2, 2009, unless reviewed and
10  reenacted prior to that date.

11  Contains a statement of public necessity.

12  Establishes an effective date upon becoming law.

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