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HB 7049: Drugs, Devices, and Cosmetics [SPCC]

GENERAL BILL by Healthcare Council ; Bean ; (CO-INTRODUCERS) Zapata

Drugs, Devices, and Cosmetics [SPCC]; Reorganizes part I of ch. 499, F.S., by combining related sections, such as those relating to administration, enforcement & rule authority, criminal prohibitions & penalties, generally applicable definitions, & permitting; makes terminology used more uniform throughout part I; substitutes term "prescription drug" for terms "legend drug" & "medicinal drug"; provides requirements for obtaining permit to operate in certain capacities, etc.

Effective Date: 07/01/2008
 Last Action: 6/17/2008 - Approved by Governor; Chapter No. 2008-207
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    3/21/2008 House • Filed; Introduced -HJ 00315
    3/24/2008 House • Referred to Calendar -HJ 00323
    4/2/2008 House • Placed on Special Order Calendar; Read 2nd time -HJ 00385; Was taken up -HJ 00390; Amendment(s) adopted -HJ 00391; Read 3rd time -HJ 00391; Passed as amended; YEAS 115 NAYS 0 -HJ 00391
    4/9/2008 Senate • In Messages
    4/24/2008 Senate • Received, referred to Health Regulation; Judiciary -SJ 00824
    4/25/2008 Senate • Withdrawn from Health Regulation; Judiciary -SJ 00851; Substituted for CS/CS/SB 2756 -SJ 00851; Read 2nd time -SJ 00851
    4/28/2008 Senate • Read 3rd time -SJ 00883; Amendment(s) adopted (286928) -SJ 00884; Passed as amended (286928); YEAS 38 NAYS 0 -SJ 00917
    4/28/2008 House • In returning messages
    5/1/2008 House • Concurred -HJ 01710, -HJ 01711; Passed as amended; YEAS 119 NAYS 0 -HJ 01743; Ordered engrossed, then enrolled -HJ 01743
    6/11/2008 • Signed by Officers and presented to Governor
    6/17/2008 • Approved by Governor; Chapter No. 2008-207

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  • HB 7049, Enrolled (Current Bill Version) Posted 5/14/2008 at 4:51 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location
    S 2756 (c2) Drugs, Devices, and Cosmetics [SPCC] Peaden Similar Last Action: 4/25/2008 S 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
    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:

    Citations - Statutes (58)

    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.
    499.01212
    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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  • HB 7049, Engrossed 2 Posted 5/14/2008 at 4:51 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Citations - Statutes (58)

    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.
    499.01212
    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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  • HB 7049, Engrossed 1 Posted 4/2/2008 at 11:35 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Floor Amendments (1)

    Amendment Sponsor Filed Last Floor Action Format
    286928 - Amendment
    		Peaden 4/25/2008
    5:27 PM     		Senate: Adopted
    4/28/2008     		Web Page
    PDF

    Floor Votes (2)

    Date Chamber Result
    4/28/2008 4:08 PM Senate 38 Yeas - 0 Nays
    5/1/2008 9:29 PM House 119 Yeas - 0 Nays

    Citations - Statutes (58)

    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.
    499.01212
    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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  • HB 7049, Original Filed Version Posted 3/21/2008 at 3:18 PM

    Bill Text:   Web Page | PDF
    Analyses:   Healthcare Council (Post-Meeting) (pdf)

    Floor Amendments (2)

    Amendment Sponsor Filed Last Floor Action Format
    334299 - Amendment
    		Bean 4/2/2008
    10:51 AM     		Web Page
    PDF
    205095 - Amendment
    		Bean 4/2/2008
    10:52 AM     		Web Page
    PDF

    Floor Votes (1)

    Date Chamber Result
    4/2/2008 6:16 PM House 115 Yeas - 0 Nays

    Citations - Statutes (58)

    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.
    499.01212
    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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