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CS/CS/SB 2756: Drugs, Devices, and Cosmetics [SPCC]

GENERAL BILL by Judiciary ; Health Regulation ; Peaden

Drugs, Devices, and Cosmetics [SPCC]; Amends and reorganizes provisions in part I of ch. 499, F.S. Expands the provisions of a specified section to include administration and enforcement of, exemptions from, and purpose of the part. Amends provisions relating to advertising and labeling of drugs, devices, and cosmetics to include certain exemptions. Requires a permit to operate as a third party logistics provider and a health care clinic establishment, etc.

Effective Date: 07/01/2008
 Last Action: 4/25/2008 Senate - Placed on Special Order Calendar; Read 2nd time -SJ 00850; Amendment(s) adopted (523168, 459026, 292124, 110916) -SJ 00851; Substituted HB 7049; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 7049 (Ch. 2008-207) -SJ 00851
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    3/3/2008 Senate • Filed
    3/20/2008 Senate • Introduced, referred to Health Regulation; Criminal Justice; Judiciary; Health and Human Services Appropriations -SJ 00307
    3/27/2008 Senate • On Committee agenda-- Health Regulation, 04/01/08, 3:30 pm, 401-S
    4/1/2008 Senate • CS by Health Regulation; YEAS 7 NAYS 0 -SJ 00425; CS read 1st time on 04/03/08 -SJ 00443
    4/3/2008 Senate • Pending reference review under Rule 4.7(2); Remaining references corrected to Judiciary; Health and Human Services Appropriations -SJ 00447; Now in Judiciary
    4/11/2008 Senate • On Committee agenda-- Judiciary, 04/16/08, 3:30 pm, 110-S --Not considered
    4/16/2008 Senate • On Committee agenda-- Judiciary, 04/21/08, 2:30 pm, 110-S
    4/21/2008 Senate • CS/CS by Judiciary; YEAS 9 NAYS 0 -SJ 00753; CS read 1st time on 04/23/08 -SJ 00770; On Committee agenda-- Health and Human Services Appropriations, 04/22/08, 10:00 am, 110-S --Not received
    4/23/2008 Senate • Pending reference review under Rule 4.7(2); Now in Health and Human Services Appropriations -SJ 00753; Withdrawn from Health and Human Services Appropriations -SJ 00751; Placed on Calendar, on 2nd reading
    4/25/2008 Senate • Placed on Special Order Calendar; Read 2nd time -SJ 00850; Amendment(s) adopted (523168, 459026, 292124, 110916) -SJ 00851; Substituted HB 7049; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 7049 (Ch. 2008-207) -SJ 00851

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  • CS/CS/SB 2756, Committee Substitute 2 (Current Bill Version) Posted 4/23/2008 at 1:19 PM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary (Post-Meeting) 4/23/2008 (pdf)

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 7049 (e2) Bean Similar Last Action: 6/17/2008 Approved by Governor; Chapter No. 2008-207
    Location:
    H 7063 Prescription Drug Donation Program Healthcare Council Compare Last Action: 5/2/2008 S Died in Messages, Link/Iden/Sim/Compare passed, refer to HB 7049 (Ch. 2008-207)
    Location:

    Floor Amendments (5)

    Amendment Sponsor Filed Last Floor Action Format
    110916 - Amendment
    		Peaden 4/24/2008
    11:40 AM     		Senate: Adopted
    4/25/2008     		Web Page
    PDF
    459026 - Amendment
    		Peaden 4/24/2008
    11:40 AM     		Senate: Adopted
    4/25/2008     		Web Page
    PDF
    523168 - Amendment
    		Peaden 4/24/2008
    11:40 AM     		Senate: Adopted
    4/25/2008     		Web Page
    PDF
    780164 - Amendment
    		Peaden 4/24/2008
    4:59 PM     		Senate: Withdrawn
    4/25/2008     		Web Page
    PDF
    292124 - Amendment
    		Peaden 4/24/2008
    4:59 PM     		Senate: Adopted
    4/25/2008     		Web Page
    PDF

    Citations - Statutes (57)

    Citation Catchline Location in Bill Location In Bill Help
    409.9201 Medicaid fraud.
    460.403 Definitions.
    465.0265 Centralized prescription filling.
    499.002 Purpose of ss. 499.001-499.081.
    499.003 Definitions of terms used in ss. 499.001-499.081.
    499.004 Administration and enforcement by department.
    499.005 Prohibited acts.
    499.0051 Criminal acts involving contraband or adulterated drugs.
    499.0052 Trafficking in contraband legend drugs.
    499.0053 Power to administer oaths, take depositions, and issue and serve subpoenas.
    499.00535 Sale or purchase of contraband legend drugs resulting in great bodily harm.
    499.0054 Advertising and labeling of drugs, devices, and cosmetics.
    499.00545 Sale or purchase of contraband legend drugs resulting in death.
    499.0055 False or misleading advertisement.
    499.0057 Advertisement exemptions.
    499.006 Adulterated drug or device.
    499.007 Misbranded drug or device.
    499.008 Adulterated cosmetics.
    499.009 Misbranded cosmetics.
    499.01 Permits; applications; renewal; general requirements.
    499.012 Wholesale distribution; definitions; permits; applications; general requirements.
    499.01201 Agency for Health Care Administration review and use of statute and rule violation or compliance data.
    499.0121 Storage and handling of prescription drugs; recordkeeping.
    499.01211 Drug Wholesaler Advisory Council.
    499.0122 Medical oxygen and veterinary legend drug retail establishments; definitions, permits, general requirements.
    499.013 Manufacturers and repackagers of drugs, devices, and cosmetics; definitions, permits, and general requirements.
    499.014 Distribution of legend drugs by hospitals, health care entities, charitable organizations, and return or destruction companies; permits, general requirements.
    499.015 Registration of drugs, devices, and cosmetics; issuance of certificates of free sale.
    499.024 Drug product classification.
    499.028 Drug samples or complimentary drugs; starter packs; permits to distribute.
    499.029 Cancer Drug Donation Program.
    499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
    499.032 Phenylalanine; prescription required.
    499.033 Ephedrine; prescription required.
    499.039 Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.
    499.04 Fee authority.
    499.041 Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates.
    499.05 Rules.
    499.051 Inspections and investigations.
    499.052 Records of interstate shipment.
    499.055 Reports and dissemination of information by department.
    499.06 Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
    499.062 Cause for seizure and condemnation of drugs, devices, or cosmetics.
    499.063 Seizure; procedure; prohibition on sale or disposal of article; penalty.
    499.064 Condemnation and sale; release of seized article.
    499.065 Imminent danger.
    499.066 Penalties; remedies.
    499.0661 Cease and desist orders; removal of certain persons.
    499.067 Denial, suspension, or revocation of permit, certification, or registration.
    499.069 Criminal punishment for violations of s. 499.005 related to devices and cosmetics; dissemination of false advertisement.
    499.0691 Criminal punishment for violations related to drugs; dissemination of false advertisement.
    499.07 Duty of prosecuting officer.
    499.071 Issuance of warnings for minor violations.
    499.081 Carriers in interstate commerce exempted from ss. 499.001-499.081.
    794.075 Sexual predators; erectile dysfunction drugs.
    895.02 Definitions.
    921.0022 Criminal Punishment Code; offense severity ranking chart.

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  • CS/SB 2756, Committee Substitute 1 Posted 4/3/2008 at 11:53 AM

    Bill Text:   Web Page | PDF
    Analyses:   Health Regulation (Post-Meeting) 4/2/2008 (pdf)

    Committee Amendments (4)

    Amendment Sponsor Filed Last Committee Action Format
    836536 - Amendment
    		Judiciary
    (Fasano)     		4/15/2008
    5:56 PM     		Replaced by Committee Substitute
    4/21/2008     		Web Page
    PDF
    hierarchy 192818 - Amendment to Amendment (836536)
    		Judiciary
    (Fasano)     		4/21/2008
    11:53 AM     		Replaced by Committee Substitute
    4/21/2008     		Web Page
    PDF
    hierarchy 978052 - Amendment to Amendment (836536)
    		Judiciary
    (Fasano)     		4/21/2008
    11:53 AM     		Withdrawn
    4/21/2008     		Web Page
    PDF
    hierarchy 723922 - Amendment to Amendment (836536)
    		Judiciary
    (Fasano)     		4/21/2008
    8:10 PM     		Replaced by Committee Substitute
    4/21/2008     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/21/2008 2:30 PM Judiciary 9 Yeas - 0 Nays

    Citations - Statutes (57)

    Citation Catchline Location in Bill Location In Bill Help
    409.9201 Medicaid fraud.
    460.403 Definitions.
    465.0265 Centralized prescription filling.
    499.002 Purpose of ss. 499.001-499.081.
    499.003 Definitions of terms used in ss. 499.001-499.081.
    499.004 Administration and enforcement by department.
    499.005 Prohibited acts.
    499.0051 Criminal acts involving contraband or adulterated drugs.
    499.0052 Trafficking in contraband legend drugs.
    499.0053 Power to administer oaths, take depositions, and issue and serve subpoenas.
    499.00535 Sale or purchase of contraband legend drugs resulting in great bodily harm.
    499.0054 Advertising and labeling of drugs, devices, and cosmetics.
    499.00545 Sale or purchase of contraband legend drugs resulting in death.
    499.0055 False or misleading advertisement.
    499.0057 Advertisement exemptions.
    499.006 Adulterated drug or device.
    499.007 Misbranded drug or device.
    499.008 Adulterated cosmetics.
    499.009 Misbranded cosmetics.
    499.01 Permits; applications; renewal; general requirements.
    499.012 Wholesale distribution; definitions; permits; applications; general requirements.
    499.01201 Agency for Health Care Administration review and use of statute and rule violation or compliance data.
    499.0121 Storage and handling of prescription drugs; recordkeeping.
    499.01211 Drug Wholesaler Advisory Council.
    499.0122 Medical oxygen and veterinary legend drug retail establishments; definitions, permits, general requirements.
    499.013 Manufacturers and repackagers of drugs, devices, and cosmetics; definitions, permits, and general requirements.
    499.014 Distribution of legend drugs by hospitals, health care entities, charitable organizations, and return or destruction companies; permits, general requirements.
    499.015 Registration of drugs, devices, and cosmetics; issuance of certificates of free sale.
    499.024 Drug product classification.
    499.028 Drug samples or complimentary drugs; starter packs; permits to distribute.
    499.029 Cancer Drug Donation Program.
    499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
    499.032 Phenylalanine; prescription required.
    499.033 Ephedrine; prescription required.
    499.039 Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.
    499.04 Fee authority.
    499.041 Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates.
    499.05 Rules.
    499.051 Inspections and investigations.
    499.052 Records of interstate shipment.
    499.055 Reports and dissemination of information by department.
    499.06 Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
    499.062 Cause for seizure and condemnation of drugs, devices, or cosmetics.
    499.063 Seizure; procedure; prohibition on sale or disposal of article; penalty.
    499.064 Condemnation and sale; release of seized article.
    499.065 Imminent danger.
    499.066 Penalties; remedies.
    499.0661 Cease and desist orders; removal of certain persons.
    499.067 Denial, suspension, or revocation of permit, certification, or registration.
    499.069 Criminal punishment for violations of s. 499.005 related to devices and cosmetics; dissemination of false advertisement.
    499.0691 Criminal punishment for violations related to drugs; dissemination of false advertisement.
    499.07 Duty of prosecuting officer.
    499.071 Issuance of warnings for minor violations.
    499.081 Carriers in interstate commerce exempted from ss. 499.001-499.081.
    794.075 Sexual predators; erectile dysfunction drugs.
    895.02 Definitions.
    921.0022 Criminal Punishment Code; offense severity ranking chart.

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  • SB 2756, Original Filed Version Posted 3/4/2008 at 8:00 AM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    181182 - Amendment
    		Health Regulation
    (Peaden)     		3/31/2008
    4:50 PM     		Replaced by Committee Substitute
    4/1/2008     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    4/1/2008 3:30 PM Health Regulation 7 Yeas - 0 Nays

    Citations - Statutes (55)

    Citation Catchline Location in Bill Location In Bill Help
    409.9201 Medicaid fraud.
    465.0265 Centralized prescription filling.
    499.002 Purpose of ss. 499.001-499.081.
    499.003 Definitions of terms used in ss. 499.001-499.081.
    499.004 Administration and enforcement by department.
    499.005 Prohibited acts.
    499.0051 Criminal acts involving contraband or adulterated drugs.
    499.0052 Trafficking in contraband legend drugs.
    499.0053 Power to administer oaths, take depositions, and issue and serve subpoenas.
    499.00535 Sale or purchase of contraband legend drugs resulting in great bodily harm.
    499.0054 Advertising and labeling of drugs, devices, and cosmetics.
    499.00545 Sale or purchase of contraband legend drugs resulting in death.
    499.0055 False or misleading advertisement.
    499.0057 Advertisement exemptions.
    499.006 Adulterated drug or device.
    499.007 Misbranded drug or device.
    499.008 Adulterated cosmetics.
    499.009 Misbranded cosmetics.
    499.01 Permits; applications; renewal; general requirements.
    499.012 Wholesale distribution; definitions; permits; applications; general requirements.
    499.01201 Agency for Health Care Administration review and use of statute and rule violation or compliance data.
    499.0121 Storage and handling of prescription drugs; recordkeeping.
    499.01211 Drug Wholesaler Advisory Council.
    499.0122 Medical oxygen and veterinary legend drug retail establishments; definitions, permits, general requirements.
    499.013 Manufacturers and repackagers of drugs, devices, and cosmetics; definitions, permits, and general requirements.
    499.014 Distribution of legend drugs by hospitals, health care entities, charitable organizations, and return or destruction companies; permits, general requirements.
    499.015 Registration of drugs, devices, and cosmetics; issuance of certificates of free sale.
    499.024 Drug product classification.
    499.028 Drug samples or complimentary drugs; starter packs; permits to distribute.
    499.029 Cancer Drug Donation Program.
    499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
    499.032 Phenylalanine; prescription required.
    499.033 Ephedrine; prescription required.
    499.039 Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.
    499.04 Fee authority.
    499.041 Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates.
    499.05 Rules.
    499.051 Inspections and investigations.
    499.052 Records of interstate shipment.
    499.055 Reports and dissemination of information by department.
    499.06 Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.
    499.062 Cause for seizure and condemnation of drugs, devices, or cosmetics.
    499.063 Seizure; procedure; prohibition on sale or disposal of article; penalty.
    499.064 Condemnation and sale; release of seized article.
    499.065 Imminent danger.
    499.066 Penalties; remedies.
    499.0661 Cease and desist orders; removal of certain persons.
    499.067 Denial, suspension, or revocation of permit, certification, or registration.
    499.069 Criminal punishment for violations of s. 499.005 related to devices and cosmetics; dissemination of false advertisement.
    499.0691 Criminal punishment for violations related to drugs; dissemination of false advertisement.
    499.07 Duty of prosecuting officer.
    499.071 Issuance of warnings for minor violations.
    499.081 Carriers in interstate commerce exempted from ss. 499.001-499.081.
    895.02 Definitions.
    921.0022 Criminal Punishment Code; offense severity ranking chart.

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