HB 0685CS

CHAMBER ACTION



1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to drug distribution; amending s. 499.003,
7F.S.; amending a definition; requiring the Department of
8Health to approve a document or electronic form relating
9to pedigree papers; providing requirements for pedigree
10papers that record certain distributions of legend drugs;
11amending s. 499.005, F.S.; revising a prohibition relating
12to pedigree papers; amending s. 499.006, F.S.; providing
13that a drug is adulterated if it is a certain prescription
14drug that has been returned by a veterinarian to a limited
15prescription drug veterinary wholesaler; amending s.
16499.01, F.S.; requiring a limited prescription drug
17veterinary wholesaler to obtain a permit for operation
18from the Department of Health; providing that a permit for
19a limited prescription drug veterinary wholesaler may not
20be issued to the address of certain health care entities;
21amending s. 499.012, F.S.; revising permit requirements
22for a veterinary prescription drug wholesaler that
23distributes prescription drugs; establishing a permit for
24a limited prescription drug veterinary wholesaler;
25providing requirements; providing an exception; amending
26s. 499.0121, F.S.; requiring certain wholesale
27distributors taking title to a prescription drug to
28provide an invoice to the purchaser containing certain
29information; requiring a purchaser of a prescription drug
30to obtain from the manufacturer a shipping document
31containing specified information; requiring a manufacturer
32to make certain information available to the department;
33authorizing the department to adopt certain rules relating
34to the inventory and return of certain prescription drugs;
35amending s. 499.0122, F.S.; redefining the term
36"veterinary legend drug retail establishment"; amending s.
37499.041, F.S.; requiring the department to assess an
38annual fee within a certain monetary range for a limited
39prescription drug veterinary wholesaler permit; amending
40s. 499.065, F.S.; requiring the department to inspect each
41limited prescription drug veterinary wholesaler
42establishment; authorizing the department to determine
43that a limited prescription drug veterinary wholesaler
44establishment is an imminent danger to the public;
45amending s. 499.0661, F.S.; providing for emergency
46suspension of a permittee if charged with specified
47violations; requiring the department to publish a list of
48certain permittee names; amending s. 499.067, F.S.;
49prohibiting issuance of permits to specified applicants;
50requiring revocation of permits of specified permittees;
51providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Subsection (31) of section 499.003, Florida
56Statutes, is amended to read:
57     499.003  Definitions of terms used in ss. 499.001-
58499.081.--As used in ss. 499.001-499.081, the term:
59     (31)  "Pedigree paper" means:
60     (a)  A document required pursuant to s. 499.0121(6)(d) or
61(e); or
62     (b)  Effective July 1, 2006, a document or electronic form
63approved by the Department of Health and containing information
64that records each distribution of any given legend drug, from
65sale by a pharmaceutical manufacturer, through acquisition and
66sale by any wholesaler or repackager, until final sale to a
67pharmacy or other person administering or dispensing the drug.
68The information required to be included on a legend drug's
69pedigree paper must at least detail the amount of the legend
70drug; its dosage form and strength; its lot numbers; the name
71and address of each owner of the legend drug and his or her
72signature; its shipping information, including the name and
73address of each person certifying delivery or receipt of the
74legend drug; an invoice number, a shipping document number, or
75another number uniquely identifying the transaction; and a
76certification that the recipient wholesaler has authenticated
77the pedigree papers. If the manufacturer or repackager has
78uniquely serialized the individual legend drug unit, that
79identifier must also be included on the pedigree. It must also
80include the name, address, telephone number and, if available,
81e-mail contact information of each wholesaler involved in the
82chain of the legend drug's custody. The department shall adopt
83rules and a form relating to the requirements of this paragraph
84no later than 90 days after the effective date of this act; or.
85     (c)  Effective July 1, 2006, a document or electronic form
86approved by the Department of Health and containing information
87that records each distribution of any given legend drug, from
88sale by a pharmaceutical manufacturer, through acquisition and
89sale by any wholesaler or repackager, until final sale to a
90pharmacy or other person administering or dispensing the drug;
91or, if a specific unit of the legend drug was purchased by a
92wholesaler, referred to in this paragraph as a "direct purchase
93wholesaler," directly from the manufacturer, an invoice for the
94specific unit of the legend drug together with a certificate
95under oath in written or electronic form stating that:
96     1.  If the establishment is not a member of an affiliated
97group: "This establishment purchased the specific unit of the
98legend drug directly from the manufacturer."
99     2.  If the establishment is a member of an affiliated
100group: "This establishment or a member of its affiliated group
101purchased the specific unit of the legend drug directly from the
102manufacturer."
103
104A document or electronic form that meets the requirements of
105this paragraph shall constitute a sufficient pedigree paper only
106for the purpose of a single sale or distribution transaction in
107the specific unit of legend drug by the direct purchase
108wholesaler to an entity authorized by law to purchase legend
109drugs. For each transaction of the specific unit of legend drug,
110the direct purchase wholesaler is required to create a separate
111pedigree paper that meets the requirements of this paragraph and
112furnish such pedigree paper to any subsequent purchaser. The
113pedigree paper shall be prepared and updated for every transfer
114following the direct purchase wholesaler's receipt of the
115specific unit of legend drug directly from the manufacturer. The
116information required to be included on the document or
117electronic form approved by the department pursuant to this
118paragraph and required of any subsequent transfers of legend
119drugs received by a direct purchase wholesaler in a transaction
120described in this paragraph must at least detail the amount of
121the legend drug; its dosage form and strength; its lot numbers;
122the name and address of each owner of the legend drug after it
123has left the possession of the manufacturer and his or her
124signature; its shipping information, including the name and
125address of each person certifying delivery or receipt of the
126legend drug after it has left the possession of the
127manufacturer; an invoice number, a shipping document number, or
128another number uniquely identifying the transaction; and a
129certification that the recipient direct purchase wholesaler has
130authenticated the pedigree papers as required in this paragraph.
131If the manufacturer or repackager has uniquely serialized the
132individual legend drug unit, that identifier must also be
133included on the form approved by the department and is required
134of any subsequent transfers of prescription drugs received by a
135direct purchase wholesaler in a transaction governed by this
136paragraph. The pedigree paper must also include the name,
137address, telephone number, and, if available, e-mail contact
138information of each wholesaler involved in the chain of custody
139of the legend drug. The department shall adopt rules and a form
140relating to the requirements of this paragraph.
141     Section 2.  Subsection (29) of section 499.005, Florida
142Statutes, is amended to read:
143     499.005  Prohibited acts.--It is unlawful for a person to
144perform or cause the performance of any of the following acts in
145this state:
146     (29)  The receipt of a prescription drug pursuant to a
147wholesale distribution without either first receiving a pedigree
148paper that was attested to as accurate and complete by the
149wholesale distributor or complying with the provisions of s.
150499.0121(6)(f)6.
151     Section 3.  Section 499.006, Florida Statutes, is amended
152to read:
153     499.006  Adulterated drug or device.--A drug or device is
154adulterated:
155     (1)  If it consists in whole or in part of any filthy,
156putrid, or decomposed substance;
157     (2)  If it has been produced, prepared, packed, or held
158under conditions whereby it could have been contaminated with
159filth or rendered injurious to health;
160     (3)  If it is a drug and the methods used in, or the
161facilities or controls used for, its manufacture, processing,
162packing, or holding do not conform to, or are not operated or
163administered in conformity with, current good manufacturing
164practices to assure that the drug meets the requirements of ss.
165499.001-499.081 and that the drug has the identity and strength,
166and meets the standard of quality and purity, which it purports
167or is represented to possess;
168     (4)  If it is a drug and its container is composed, in
169whole or in part, of any poisonous or deleterious substance
170which could render the contents injurious to health;
171     (5)  If it is a drug and it bears or contains, for the
172purpose of coloring only, a color additive that is unsafe within
173the meaning of the federal act; or, if it is a color additive,
174the intended use of which in or on drugs is for the purpose of
175coloring only, and it is unsafe within the meaning of the
176federal act;
177     (6)  If it purports to be, or is represented as, a drug the
178name of which is recognized in the official compendium, and its
179strength differs from, or its quality or purity falls below, the
180standard set forth in such compendium. The determination as to
181strength, quality, or purity must be made in accordance with the
182tests or methods of assay set forth in such compendium, or, when
183such tests or methods of assay are absent or inadequate, in
184accordance with those tests or methods of assay prescribed under
185authority of the federal act. A drug defined in the official
186compendium is not adulterated under this subsection merely
187because it differs from the standard of strength, quality, or
188purity set forth for that drug in such compendium if its
189difference in strength, quality, or purity from such standard is
190plainly stated on its label;
191     (7)  If it is not subject to subsection (6) and its
192strength differs from, or its purity or quality falls below the
193standard of, that which it purports or is represented to
194possess;
195     (8)  If it is a drug:
196     (a)  With which any substance has been mixed or packed so
197as to reduce the quality or strength of the drug; or
198     (b)  For which any substance has been substituted wholly or
199in part;
200     (9)  If it is a drug or device for which the expiration
201date has passed; or
202     (10)  If it is a legend drug for which the required
203pedigree paper is nonexistent, fraudulent, or incomplete under
204the requirements of ss. 499.001-499.081 or applicable rules, or
205that has been purchased, held, sold, or distributed at any time
206by a person not authorized under federal or state law to do so;
207or.
208     (11)  If it is a prescription drug subject to, defined by,
209or described by s. 503(b) of the Federal Food, Drug, and
210Cosmetic Act which has been returned by a veterinarian to a
211limited prescription drug veterinary wholesaler.
212     Section 4.  Subsection (1) and paragraph (d) of subsection
213(2) of section 499.01, Florida Statutes, are amended to read:
214     499.01  Permits; applications; renewal; general
215requirements.--
216     (1)  Prior to operating, a permit is required for each
217person and establishment that intends to operate as:
218     (a)  A prescription drug manufacturer;
219     (b)  A prescription drug repackager;
220     (c)  An over-the-counter drug manufacturer;
221     (d)  A compressed medical gas manufacturer;
222     (e)  A device manufacturer;
223     (f)  A cosmetic manufacturer;
224     (g)  A prescription drug wholesaler;
225     (h)  A veterinary prescription drug wholesaler;
226     (i)  A compressed medical gas wholesaler;
227     (j)  An out-of-state prescription drug wholesaler;
228     (k)  A nonresident prescription drug manufacturer;
229     (l)  A freight forwarder;
230     (m)  A retail pharmacy drug wholesaler;
231     (n)  A veterinary legend drug retail establishment;
232     (o)  A medical oxygen retail establishment;
233     (p)  A complimentary drug distributor; or
234     (q)  A restricted prescription drug distributor; or.
235     (r)  A limited prescription drug veterinary wholesaler.
236     (2)
237     (d)  A permit for a prescription drug manufacturer,
238prescription drug repackager, prescription drug wholesaler,
239limited prescription drug veterinary wholesaler, or retail
240pharmacy wholesaler may not be issued to the address of a health
241care entity or to a pharmacy licensed under chapter 465, except
242as provided in this paragraph. The department may issue a
243prescription drug manufacturer permit to an applicant at the
244same address as a licensed nuclear pharmacy, which is a health
245care entity, for the purpose of manufacturing prescription drugs
246used in positron emission tomography or other
247radiopharmaceuticals, as listed in a rule adopted by the
248department pursuant to this paragraph. The purpose of this
249exemption is to assure availability of state-of-the-art
250pharmaceuticals that would pose a significant danger to the
251public health if manufactured at a separate establishment
252address from the nuclear pharmacy from which the prescription
253drugs are dispensed. The department may also issue a retail
254pharmacy wholesaler permit to the address of a community
255pharmacy licensed under chapter 465 which does not meet the
256definition of a closed pharmacy in s. 499.003.
257     Section 5.  Paragraph (g) of subsection (2) of section
258499.012, Florida Statutes, is amended, and paragraph (h) is
259added to that subsection, to read:
260     499.012  Wholesale distribution; definitions; permits;
261applications; general requirements.--
262     (2)  The following types of wholesaler permits are
263established:
264     (g)  A veterinary prescription drug wholesaler permit.--A
265veterinary prescription drug wholesaler permit is required for
266any person that engages in the distribution of veterinary
267prescription drugs in or into this state. A veterinary
268prescription drug wholesaler that also distributes prescription
269drugs subject to, defined by, or described by s. 503(b) of the
270Federal Food, Drug, and Cosmetic Act which it did not
271manufacture must obtain a permit as a prescription drug
272wholesaler, an or out-of-state prescription drug wholesaler, or
273a limited prescription drug veterinary wholesaler in lieu of the
274veterinary prescription drug wholesaler permit. A veterinary
275prescription drug wholesaler must comply with the requirements
276for wholesale distributors under s. 499.0121, except those set
277forth in s. 499.0121(6)(d), (e), or (f).
278     (h)  Limited prescription drug veterinary wholesaler
279permit.--Unless engaging in the activities of and permitted as a
280prescription drug manufacturer, nonresident prescription drug
281manufacturer, prescription drug wholesaler, or out-of-state
282prescription drug wholesaler, a limited prescription drug
283veterinary wholesaler permit is required for any person that
284engages in the distribution in or into this state of veterinary
285prescription drugs and prescription drugs subject to, defined
286by, or described by s. 503(b) of the Federal Food, Drug, and
287Cosmetic Act to veterinarians under the following conditions:
288     1.  The person is engaged in the business of wholesaling
289prescription and veterinary legend drugs to persons:
290     a.  Licensed as veterinarians practicing on a full-time
291basis;
292     b.  Regularly and lawfully engaged in instruction in
293veterinary medicine;
294     c.  Regularly and lawfully engaged in law enforcement;
295     d.  For use in research, not involving clinical use; or
296     e.  For use in chemical analysis or physical testing, for
297the purposes of instruction in law enforcement, research, or
298testing.
299     2.  No more than 30 percent of prescription drug sales may
300be prescription drugs approved for human use which are subject
301to, defined by, or described by s. 503(b) of the Federal Food,
302Drug, and Cosmetic Act.
303     3.  The person is not permitted, licensed, or otherwise
304authorized in any state to wholesale prescription drugs subject
305to, defined by, or described by s. 503(b) of the Federal Food,
306Drug, and Cosmetic Act to any person who is authorized to sell,
307distribute, purchase, trade, or use these drugs on or for
308humans.
309     4.  A limited prescription drug veterinary wholesaler that
310applies to the department for a new permit or the renewal of a
311permit must submit a bond of $20,000, or other equivalent means
312of security acceptable to the department, such as an irrevocable
313letter of credit or a deposit in a trust account or financial
314institution, payable to the Florida Drug, Device, and Cosmetic
315Trust Fund. The purpose of the bond is to secure payment of any
316administrative penalties imposed by the department and any fees
317and costs incurred by the department regarding that permit which
318are authorized under state law and which the permittee fails to
319pay 30 days after the fine or costs become final. The department
320may make a claim against such bond or security until 1 year
321after the permittee's license ceases to be valid or until 60
322days after any administrative or legal proceeding authorized in
323ss. 499.001-499.081 which involves the permittee is concluded,
324including any appeal, whichever occurs later.
325     5.  A limited prescription drug veterinary wholesaler must
326maintain at all times a license or permit to engage in the
327wholesale distribution of prescription drugs in compliance with
328laws of the state in which it is a resident.
329     6.  A limited prescription drug veterinary wholesaler must
330comply with the requirements for wholesale distributors under s.
331499.0121, except that a limited prescription drug veterinary
332wholesaler is not required to provide a pedigree paper as
333required by s. 499.0121(6)(f) upon the wholesale distribution of
334a prescription drug to a veterinarian.
335     7.  A limited prescription drug veterinary wholesaler may
336not return to inventory for subsequent wholesale distribution
337any prescription drug subject to, defined by, or described by s.
338503(b) of the Federal Food, Drug, and Cosmetic Act which has
339been returned by a veterinarian.
340     8.  An out-of-state prescription drug wholesaler's permit
341or a limited prescription drug veterinary wholesaler permit is
342not required for an intracompany sale or transfer of a
343prescription drug from an out-of-state establishment that is
344duly licensed to engage in the wholesale distribution of
345prescription drugs in its state of residence to a licensed
346limited prescription drug veterinary wholesaler in this state if
347both wholesalers conduct wholesale distributions of prescription
348drugs under the same business name. The recordkeeping
349requirements of s. 499.0121(6) must be followed for this
350transaction.
351     Section 6.  Paragraph (f) of subsection (6) of section
352499.0121, Florida Statutes, is amended to read:
353     499.0121  Storage and handling of prescription drugs;
354recordkeeping.--The department shall adopt rules to implement
355this section as necessary to protect the public health, safety,
356and welfare. Such rules shall include, but not be limited to,
357requirements for the storage and handling of prescription drugs
358and for the establishment and maintenance of prescription drug
359distribution records.
360     (6)  RECORDKEEPING.--The department shall adopt rules that
361require keeping such records of prescription drugs as are
362necessary for the protection of the public health.
363     (f)1.  Effective July 1, 2006, each person who is engaged
364in the wholesale distribution of a prescription drug and who is
365not the manufacturer of that drug must, before each wholesale
366distribution of such drug, provide to the person who receives
367the drug a pedigree paper as defined in s. 499.003(31).
368     2.  A repackager must comply with this paragraph.
369     3.  The pedigree paper requirements in this paragraph do
370not apply to compressed medical gases or veterinary legend
371drugs.
372     4.  Each wholesale distributor of prescription drugs must
373maintain separate and distinct from other required records all
374statements that are required under subparagraph 1.
375     5.  In order to verify compliance with subparagraph (d)1.,
376each manufacturer of a prescription drug sold in this state must
377make available upon request distribution documentation related
378to its sales of prescription drugs, regardless of whether the
379prescription drug was sold directly by the manufacturer to a
380person in Florida.
381     6.  Subparagraph 1. does not apply to a wholesale
382distributor that takes title to, but not possession of, a
383prescription drug and the prescription drug's manufacturer ships
384the prescription drug directly to a person authorized by law to
385administer or dispense prescription drugs or a member of an
386affiliated group, except a repackager, described in paragraph
387(h).
388     a.  The wholesale distributor must send an invoice to the
389purchaser of the prescription drug that contains a clear cross-
390reference to the shipping document sent by the manufacturer to
391the purchaser of the prescription drug.
392     b.  The purchaser of the prescription drug must obtain a
393shipping document from the manufacturer that contains, at a
394minimum:
395     (I)  The name and address of the manufacturer, including
396the point of origin of the shipment; the wholesaler; and the
397purchaser.
398     (II)  The name of the prescription drug as it appears on
399the label.
400     (III)  The quantity, dosage form, and strength of the
401prescription drug.
402     (IV)  The date of the shipment.
403     c.  The manufacturer must also make available to the
404department, upon request, the lot number of the prescription
405drug if the lot number is not contained in the shipping document
406received by the purchaser.
407     7.  The department may by rule define alternatives to
408compliance with subparagraph 1. for a prescription drug in the
409inventory of a permitted prescription drug wholesaler as of June
41030, 2006, and the return of a prescription drug purchased prior
411to July 1, 2006. The department may specify time limits for such
412alternatives.
413     Section 7.  Paragraph (d) of subsection (1) of section
414499.0122, Florida Statutes, is amended to read:
415     499.0122  Medical oxygen and veterinary legend drug retail
416establishments; definitions, permits, general requirements.--
417     (1)  As used in this section, the term:
418     (d)  "Veterinary legend drug retail establishment" means a
419person permitted to sell veterinary legend drugs to the public
420or to veterinarians, but does not include a pharmacy licensed
421under chapter 465.
422     1.  The sale to the public must be based on a valid written
423order from a veterinarian licensed in this state who has a valid
424client-veterinarian relationship with the purchaser's animal.
425     2.  Veterinary legend drugs may not be sold in excess of
426the amount clearly indicated on the order or beyond the date
427indicated on the order.
428     3.  An order may not be valid for more than 1 year.
429     4.  A veterinary legend drug retail establishment may not
430purchase, sell, trade, or possess human prescription drugs or
431any controlled substance as defined in chapter 893.
432     5.  A veterinary legend drug retail establishment must sell
433a veterinary legend drug in the original, sealed manufacturer's
434container with all labeling intact and legible. The department
435may adopt by rule additional labeling requirements for the sale
436of a veterinary legend drug.
437     Section 8.  Paragraph (h) is added to subsection (2) of
438section 499.041, Florida Statutes, to read:
439     499.041  Schedule of fees for drug, device, and cosmetic
440applications and permits, product registrations, and free-sale
441certificates.--
442     (2)  The department shall assess an applicant that is
443required to have a wholesaling permit an annual fee within the
444ranges established in this section for the specific type of
445wholesaling.
446     (h)  The fee for a limited prescription drug veterinary
447wholesaler's permit may not be less than $300 or more than $500
448annually.
449     Section 9.  Subsections (1) and (3) of section 499.065,
450Florida Statutes, are amended to read:
451     499.065  Imminent danger.--
452     (1)  Notwithstanding s. 499.051, the department shall
453inspect each prescription drug wholesale establishment,
454prescription drug repackager establishment, veterinary
455prescription drug wholesale establishment, limited prescription
456drug veterinary wholesaler establishment, and retail pharmacy
457drug wholesaler establishment that is required to be permitted
458under this chapter as often as necessary to ensure compliance
459with applicable laws and rules. The department shall have the
460right of entry and access to these facilities at any reasonable
461time.
462     (3)  The department may determine that a prescription drug
463wholesale establishment, prescription drug repackager
464establishment, veterinary prescription drug wholesale
465establishment, limited prescription drug veterinary wholesaler
466establishment, or retail pharmacy drug wholesaler establishment
467that is required to be permitted under this chapter is an
468imminent danger to the public health and shall require its
469immediate closure if the establishment fails to comply with
470applicable laws and rules and, because of the failure, presents
471an imminent threat to the public's health, safety, or welfare.
472Any establishment so deemed and closed shall remain closed until
473allowed by the department or by judicial order to reopen.
474
475For purposes of this section, a refusal to allow entry to the
476department for inspection at reasonable times, or a failure or
477refusal to provide the department with required documentation
478for purposes of inspection, constitutes an imminent danger to
479the public health.
480     Section 10.  Paragraph (e) of subsection (3) of section
481499.0661, Florida Statutes, is amended to read:
482     499.0661  Cease and desist orders; removal of certain
483persons.--
484     (3)  REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.--
485     (e)1.  The chief executive officer, designated
486representative, or the person holding the equivalent office, of
487a permittee shall promptly notify the department if she or he
488has actual knowledge that any affiliated party is charged with a
489felony in a state or federal court.
490     2.  Whenever any affiliated party is charged with a felony
491in a state or federal court or with the equivalent of a felony
492in the courts of any foreign country with which the United
493States maintains diplomatic relations, and the charge alleges
494violation of any law involving prescription drugs,
495pharmaceuticals, fraud, theft, or moral turpitude, the
496department may enter an emergency order suspending the
497affiliated party or restricting or prohibiting participation by
498the affiliated party in the affairs of the particular permittee
499or of any other permittee upon service of the order upon the
500permittee and the affiliated party charged. The order must
501contain notice of opportunity for a hearing pursuant to ss.
502120.569 and 120.57, where the affiliated party may request a
503postsuspension hearing to show that continued service to or
504participation in the affairs of the permittee does not pose a
505threat to the public health or the interests of the permittee
506and does not threaten to impair public confidence in the
507permittee. In accordance with applicable departmental rules, the
508department shall notify the affiliated party whether the order
509suspending or prohibiting the person from participation in the
510affairs of a permittee will be rescinded or otherwise modified.
511The emergency order remains in effect, unless otherwise modified
512by the department, until the criminal charge is disposed of. The
513acquittal of the person charged, or the final, unappealed
514dismissal of all charges against the person, dissolves the
515emergency order but does not prohibit the department from
516instituting proceedings under paragraph (a). If the person
517charged is convicted or pleads guilty or nolo contendere,
518whether or not an adjudication of guilt is entered by the court,
519the emergency order shall become final.
520     3.  Whenever a permittee is charged with violation of s.
521499.0051 or s. 499.0052, the department may enter an emergency
522order suspending the permittee's permit. The order must contain
523notice of opportunity for a hearing pursuant to ss. 120.569 and
524120.57, where a permittee may request a postsuspension hearing
525to show that continued operation by the permittee under his or
526her permit does not pose a threat to the public health and does
527not threaten to impair public confidence in the permittee. In
528accordance with applicable departmental rules, the department
529shall notify the permittee whether the order suspending the
530permit of the permittee will be rescinded or otherwise modified.
531The emergency order remains in effect, unless otherwise modified
532by the department, until the criminal charge is disposed of. The
533acquittal of the permittee charged, or the final, unappealed
534dismissal of all charges against the permittee, dissolves the
535emergency order but does not prohibit the department from
536instituting proceedings under paragraph (a). If a permittee
537charged with a violation of s. 499.0051 or s. 499.0052 is
538convicted or pleads guilty or nolo contendere, whether or not an
539adjudication of guilt is entered by the court, the emergency
540order shall become final.
541     4.  The department shall publish on its website a list of
542all permittees against whom an emergency order or a permanent
543order under this section is entered.
544     Section 11.  Subsections (8) and (9) are added to section
545499.067, Florida Statutes, to read:
546     499.067  Denial, suspension, or revocation of permit,
547certification, or registration.--
548     (8)  The department shall deny an application for a permit
549for an establishment if the applicant, any person named pursuant
550to s. 499.012(3)(k) in the applicant's application, or the
551person designated pursuant to s. 499.012(11) by the applicant
552has been convicted or pleaded guilty or nolo contendere to a
553violation of s. 499.0051 or s. 499.0052, whether or not an
554adjudication of guilt is entered by the court.
555     (9)  The department shall revoke the permit of an
556establishment if the permittee, any person named pursuant to s.
557499.012(3)(k) in the permittee's application, or the person
558designated pursuant to s. 499.012(11) by the permittee has been
559convicted or pleaded guilty or nolo contendere to a violation of
560s. 499.0051 or s. 499.0052, whether or not an adjudication of
561guilt is entered by the court.
562     Section 12.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.