Florida Senate - 2016                             CS for SB 1604
       
       
        
       By the Committee on Health Policy; and Senator Grimsley
       
       588-02623-16                                          20161604c1
    1                        A bill to be entitled                      
    2         An act relating to drugs, devices, and cosmetics;
    3         amending s. 499.003, F.S.; providing, revising, and
    4         deleting definitions for purposes of the Florida Drug
    5         and Cosmetic Act; amending s. 499.005, F.S.; revising
    6         prohibited acts related to the distribution of
    7         prescription drugs; conforming a cross-reference;
    8         amending s. 499.0051, F.S.; prohibiting the
    9         distribution of prescription drugs without delivering
   10         a transaction history, transaction information, and
   11         transaction statement; providing penalties; deleting
   12         provisions and revising terminology related to
   13         pedigree papers, to conform to changes made by the
   14         act; amending s. 499.006, F.S.; conforming provisions;
   15         amending s. 499.01, F.S.; requiring nonresident
   16         prescription drug repackagers to obtain an operating
   17         permit; authorizing a manufacturer to engage in the
   18         wholesale distribution of prescription drugs;
   19         providing for the issuance of virtual prescription
   20         drug manufacturer permits and virtual nonresident
   21         prescription drug manufacturer permits to certain
   22         persons; providing exceptions from certain virtual
   23         manufacturer requirements; requiring a nonresident
   24         prescription drug repackager permit for certain
   25         persons; deleting surety bond requirements for
   26         prescription drug wholesale distributors; requiring
   27         that certain persons obtain an out-of-state
   28         prescription drug wholesale distributor permit
   29         requiring certain third party logistic providers to be
   30         licensed; requiring research and development labeling
   31         on certain prescription drug active pharmaceutical
   32         ingredient packaging; requiring certain manufacturers
   33         to create and maintain certain records; requiring
   34         certain prescription drug distributors to provide
   35         certain information to health care entities for which
   36         they repackage prescription drugs; amending s.
   37         499.012, F.S.; providing for issuance of a
   38         prescription drug manufacturer permit or retail
   39         pharmacy drug wholesale distributor permit when an
   40         applicant at the same address is a licensed nuclear
   41         pharmacy or community pharmacy; providing for the
   42         expiration of deficient permit applications; requiring
   43         trade secret information submitted by an applicant to
   44         be maintained as a trade secret; authorizing the
   45         quadrennial renewal of permits; providing for
   46         calculation of fees for such permit renewals; revising
   47         procedures and application requirements for permit
   48         renewals; providing for late renewal fees; allowing a
   49         permittee who submits a renewal application to
   50         continue operations; removing certain application
   51         requirements for renewal of a permit; requiring bonds
   52         or other surety of a specified amount; requiring proof
   53         of inspection of establishments used in wholesale
   54         distribution; authorizing the Department of Business
   55         and Professional Regulation to contract for the
   56         collection of electronic fingerprints under certain
   57         circumstances; providing information that may be
   58         submitted in lieu of certain application requirements
   59         for specified permits and certifications; removing
   60         provisions relating to annual renewal and expiration
   61         of permits; conforming cross-references; amending s.
   62         499.01201, F.S.; conforming provisions; amending s.
   63         499.0121, F.S.; revising prescription drug
   64         recordkeeping requirements; requiring inventories and
   65         records of transactions for active pharmaceutical
   66         ingredients; conforming provisions; amending s.
   67         499.015, F.S.; providing for the expiration, renewal,
   68         and issuance of certain drug, device, and cosmetic
   69         product registrations; providing for product
   70         registration fees; amending ss. 499.03, 499.05, and
   71         499.051, F.S.; conforming provisions to changes made
   72         by the act; amending s. 499.066, F.S.; authorizing the
   73         issuance of nondisciplinary citations; authorizing the
   74         department to adopt rules designating violations for
   75         which a citation may be issued; authorizing the
   76         department to recover investigative costs pursuant to
   77         the citation; specifying a time limitation for
   78         issuance of a citation; providing for service of a
   79         citation; amending s. 499.82, F.S.; revising the
   80         definition of “wholesale distribution” for purposes of
   81         medical gas requirements; amending s. 499.89, F.S.;
   82         conforming provisions; repealing s. 499.01212, F.S.,
   83         relating to pedigree papers; amending ss. 409.9201,
   84         499.067, 794.075, and 921.0022, F.S.; conforming
   85         cross-references; providing an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Section 499.003, Florida Statutes, is amended to
   90  read:
   91         499.003 Definitions of terms used in this part.—As used in
   92  this part, the term:
   93         (1)“Active pharmaceutical ingredient” includes any
   94  substance or mixture of substances intended, represented, or
   95  labeled for use in drug manufacturing that furnishes or is
   96  intended to furnish, in a finished dosage form, any
   97  pharmacological activity or other direct effect in the
   98  diagnosis, cure, mitigation, treatment, therapy, or prevention
   99  of disease in humans or other animals, or to affect the
  100  structure or any function of the body of humans or animals.
  101         (2)(1) “Advertisement” means any representation
  102  disseminated in any manner or by any means, other than by
  103  labeling, for the purpose of inducing, or which is likely to
  104  induce, directly or indirectly, the purchase of drugs, devices,
  105  or cosmetics.
  106         (3)“Affiliate” means a business entity that has a
  107  relationship with another business entity in which, directly or
  108  indirectly:
  109         (a)The business entity controls, or has the power to
  110  control, the other business entity; or
  111         (b)A third party controls, or has the power to control,
  112  both business entities.
  113         (2)“Affiliated group” means an affiliated group as defined
  114  by s. 1504 of the Internal Revenue Code of 1986, as amended,
  115  which is composed of chain drug entities, including at least 50
  116  retail pharmacies, warehouses, or repackagers, which are members
  117  of the same affiliated group. The affiliated group must disclose
  118  the names of all its members to the department.
  119         (4)(3) “Affiliated party” means:
  120         (a) A director, officer, trustee, partner, or committee
  121  member of a permittee or applicant or a subsidiary or service
  122  corporation of the permittee or applicant;
  123         (b) A person who, directly or indirectly, manages,
  124  controls, or oversees the operation of a permittee or applicant,
  125  regardless of whether such person is a partner, shareholder,
  126  manager, member, officer, director, independent contractor, or
  127  employee of the permittee or applicant;
  128         (c) A person who has filed or is required to file a
  129  personal information statement pursuant to s. 499.012(9) or is
  130  required to be identified in an application for a permit or to
  131  renew a permit pursuant to s. 499.012(8); or
  132         (d) The five largest natural shareholders that own at least
  133  5 percent of the permittee or applicant.
  134         (5)(4) “Applicant” means a person applying for a permit or
  135  certification under this part.
  136         (5)“Authenticate” means to affirmatively verify upon
  137  receipt of a prescription drug that each transaction listed on
  138  the pedigree paper has occurred.
  139         (a)A wholesale distributor is not required to open a
  140  sealed, medical convenience kit to authenticate a pedigree paper
  141  for a prescription drug contained within the kit.
  142         (b)Authentication of a prescription drug included in a
  143  sealed, medical convenience kit shall be limited to verifying
  144  the transaction and pedigree information received.
  145         (6) “Certificate of free sale” means a document prepared by
  146  the department which certifies a drug, device, or cosmetic, that
  147  is registered with the department, as one that can be legally
  148  sold in the state.
  149         (7) “Chain pharmacy warehouse” means a wholesale
  150  distributor permitted pursuant to s. 499.01 that maintains a
  151  physical location for prescription drugs that functions solely
  152  as a central warehouse to perform intracompany transfers of such
  153  drugs between members of an affiliate to a member of its
  154  affiliated group.
  155         (8) “Closed pharmacy” means a pharmacy that is licensed
  156  under chapter 465 and purchases prescription drugs for use by a
  157  limited patient population and not for wholesale distribution or
  158  sale to the public. The term does not include retail pharmacies.
  159         (9) “Color” includes black, white, and intermediate grays.
  160         (10) “Color additive” means, with the exception of any
  161  material that has been or hereafter is exempt under the federal
  162  act, a material that:
  163         (a) Is a dye pigment, or other substance, made by a process
  164  of synthesis or similar artifice, or extracted, isolated, or
  165  otherwise derived, with or without intermediate or final change
  166  of identity from a vegetable, animal, mineral, or other source;
  167  or
  168         (b) When added or applied to a drug or cosmetic or to the
  169  human body, or any part thereof, is capable alone, or through
  170  reaction with other substances, of imparting color thereto.
  171         (11) “Contraband prescription drug” means any adulterated
  172  drug, as defined in s. 499.006, any counterfeit drug, as defined
  173  in this section, and also means any prescription drug for which
  174  a transaction history, transaction information, or transaction
  175  statement pedigree paper does not exist, or for which the
  176  transaction history, transaction information, or transaction
  177  statement pedigree paper in existence has been forged,
  178  counterfeited, falsely created, or contains any altered, false,
  179  or misrepresented matter.
  180         (12) “Cosmetic” means an article, with the exception of
  181  soap, that is:
  182         (a) Intended to be rubbed, poured, sprinkled, or sprayed
  183  on; introduced into; or otherwise applied to the human body or
  184  any part thereof for cleansing, beautifying, promoting
  185  attractiveness, or altering the appearance; or
  186         (b) Intended for use as a component of any such article.
  187         (13) “Counterfeit drug,” “counterfeit device,” or
  188  “counterfeit cosmetic” means a drug, device, or cosmetic which,
  189  or the container, seal, or labeling of which, without
  190  authorization, bears the trademark, trade name, or other
  191  identifying mark, imprint, or device, or any likeness thereof,
  192  of a drug, device, or cosmetic manufacturer, processor, packer,
  193  or distributor other than the person that in fact manufactured,
  194  processed, packed, or distributed that drug, device, or cosmetic
  195  and which thereby falsely purports or is represented to be the
  196  product of, or to have been packed or distributed by, that other
  197  drug, device, or cosmetic manufacturer, processor, packer, or
  198  distributor.
  199         (14) “Department” means the Department of Business and
  200  Professional Regulation.
  201         (15) “Device” means any instrument, apparatus, implement,
  202  machine, contrivance, implant, in vitro reagent, or other
  203  similar or related article, including its components, parts, or
  204  accessories, which is:
  205         (a) Recognized in the current edition of the United States
  206  Pharmacopoeia and National Formulary, or any supplement thereof,
  207         (b) Intended for use in the diagnosis, cure, mitigation,
  208  treatment, therapy, or prevention of disease in humans or other
  209  animals, or
  210         (c) Intended to affect the structure or any function of the
  211  body of humans or other animals,
  212  
  213  and that does not achieve any of its principal intended purposes
  214  through chemical action within or on the body of humans or other
  215  animals and which is not dependent upon being metabolized for
  216  the achievement of any of its principal intended purposes.
  217         (16) “Distribute” or “distribution” means to sell,
  218  purchase, trade, deliver, handle, store, or receive to sell;
  219  offer to sell; give away; transfer, whether by passage of title,
  220  physical movement, or both; deliver; or offer to deliver. The
  221  term does not mean to administer or dispense and does not
  222  include the billing and invoicing activities that commonly
  223  follow a wholesale distribution transaction.
  224         (17)“Drop shipment” means the sale of a prescription drug
  225  from a manufacturer to a wholesale distributor, where the
  226  wholesale distributor takes title to, but not possession of, the
  227  prescription drug, and the manufacturer of the prescription drug
  228  ships the prescription drug directly to a chain pharmacy
  229  warehouse or a person authorized by law to purchase prescription
  230  drugs for the purpose of administering or dispensing the drug,
  231  as defined in s. 465.003.
  232         (17)(18) “Drug” means an article that is:
  233         (a) Recognized in the current edition of the United States
  234  Pharmacopoeia and National Formulary, official Homeopathic
  235  Pharmacopoeia of the United States, or any supplement to any of
  236  those publications;
  237         (b) Intended for use in the diagnosis, cure, mitigation,
  238  treatment, therapy, or prevention of disease in humans or other
  239  animals;
  240         (c) Intended to affect the structure or any function of the
  241  body of humans or other animals; or
  242         (d) Intended for use as a component of any article
  243  specified in paragraph (a), paragraph (b), or paragraph (c), and
  244  includes active pharmaceutical ingredients, but does not include
  245  devices or their nondrug components, parts, or accessories. For
  246  purposes of this paragraph, an “active pharmaceutical
  247  ingredient” includes any substance or mixture of substances
  248  intended, represented, or labeled for use in drug manufacturing
  249  that furnishes or is intended to furnish, in a finished dosage
  250  form, any pharmacological activity or other direct effect in the
  251  diagnosis, cure, mitigation, treatment, therapy, or prevention
  252  of disease in humans or other animals, or to affect the
  253  structure or any function of the body of humans or other
  254  animals.
  255         (18)(19) “Establishment” means a place of business which is
  256  at one general physical location and may extend to one or more
  257  contiguous suites, units, floors, or buildings operated and
  258  controlled exclusively by entities under common operation and
  259  control. Where multiple buildings are under common exclusive
  260  ownership, operation, and control, an intervening thoroughfare
  261  does not affect the contiguous nature of the buildings. For
  262  purposes of permitting, each suite, unit, floor, or building
  263  must be identified in the most recent permit application.
  264         (19)(20) “Federal act” means the Federal Food, Drug, and
  265  Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
  266         (20)(21) “Freight forwarder” means a person who receives
  267  prescription drugs which are owned by another person and
  268  designated by that person for export, and exports those
  269  prescription drugs.
  270         (21)(22) “Health care entity” means a closed pharmacy or
  271  any person, organization, or business entity that provides
  272  diagnostic, medical, surgical, or dental treatment or care, or
  273  chronic or rehabilitative care, but does not include any
  274  wholesale distributor or retail pharmacy licensed under state
  275  law to deal in prescription drugs. However, a blood
  276  establishment is a health care entity that may engage in the
  277  wholesale distribution of prescription drugs under s.
  278  499.01(2)(h)1.c. 499.01(2)(g)1.c.
  279         (22)(23) “Health care facility” means a health care
  280  facility licensed under chapter 395.
  281         (23)(24) “Hospice” means a corporation licensed under part
  282  IV of chapter 400.
  283         (24)(25) “Hospital” means a facility as defined in s.
  284  395.002 and licensed under chapter 395.
  285         (25)(26) “Immediate container” does not include package
  286  liners.
  287         (26)(27) “Label” means a display of written, printed, or
  288  graphic matter upon the immediate container of any drug, device,
  289  or cosmetic. A requirement made by or under authority of this
  290  part or rules adopted under this part that any word, statement,
  291  or other information appear on the label is not complied with
  292  unless such word, statement, or other information also appears
  293  on the outside container or wrapper, if any, of the retail
  294  package of such drug, device, or cosmetic or is easily legible
  295  through the outside container or wrapper.
  296         (27)(28) “Labeling” means all labels and other written,
  297  printed, or graphic matters:
  298         (a) Upon a drug, device, or cosmetic, or any of its
  299  containers or wrappers; or
  300         (b) Accompanying or related to such drug, device, or
  301  cosmetic.
  302         (28)(29) “Manufacture” means the preparation, deriving,
  303  compounding, propagation, processing, producing, or fabrication
  304  of any drug, device, or cosmetic.
  305         (29)(30) “Manufacturer” means:
  306         (a) A person who holds a New Drug Application, an
  307  Abbreviated New Drug Application, a Biologics License
  308  Application, or a New Animal Drug Application approved under the
  309  federal act or a license issued under s. 351 of the Public
  310  Health Service Act, 42 U.S.C. s. 262, for such drug or
  311  biologics, or if such drug or biologics is not the subject of an
  312  approved application or license, the person who manufactured the
  313  drug or biologics prepares, derives, manufactures, or produces a
  314  drug, device, or cosmetic;
  315         (b) A co-licensed partner of the person described in
  316  paragraph (a) who obtains the drug or biologics directly from a
  317  person described in paragraph (a), paragraph (c), or this
  318  paragraph The holder or holders of a New Drug Application (NDA),
  319  an Abbreviated New Drug Application (ANDA), a Biologics License
  320  Application (BLA), or a New Animal Drug Application (NADA),
  321  provided such application has become effective or is otherwise
  322  approved consistent with s. 499.023;
  323         (c) An affiliate of a person described in paragraph (a),
  324  paragraph (b), or this paragraph that receives the drug or
  325  biologics directly from a person described in paragraph (a),
  326  paragraph (b), or this paragraph A private label distributor for
  327  whom the private label distributor’s prescription drugs are
  328  originally manufactured and labeled for the distributor and have
  329  not been repackaged; or
  330         (d) A person who manufactures a device or a cosmetic. A
  331  person registered under the federal act as a manufacturer of a
  332  prescription drug, who is described in paragraph (a), paragraph
  333  (b), or paragraph (c), who has entered into a written agreement
  334  with another prescription drug manufacturer that authorizes
  335  either manufacturer to distribute the prescription drug
  336  identified in the agreement as the manufacturer of that drug
  337  consistent with the federal act and its implementing
  338  regulations;
  339         (e)A member of an affiliated group that includes, but is
  340  not limited to, persons described in paragraph (a), paragraph
  341  (b), paragraph (c), or paragraph (d), which member distributes
  342  prescription drugs, whether or not obtaining title to the drugs,
  343  only for the manufacturer of the drugs who is also a member of
  344  the affiliated group. As used in this paragraph, the term
  345  “affiliated group” means an affiliated group as defined in s.
  346  1504 of the Internal Revenue Code of 1986, as amended. The
  347  manufacturer must disclose the names of all of its affiliated
  348  group members to the department; or
  349         (f)A person permitted as a third party logistics provider,
  350  only while providing warehousing, distribution, or other
  351  logistics services on behalf of a person described in paragraph
  352  (a), paragraph (b), paragraph (c), paragraph (d), or paragraph
  353  (e).
  354  
  355  The term does not include a pharmacy that is operating in
  356  compliance with pharmacy practice standards as defined in
  357  chapter 465 and rules adopted under that chapter.
  358         (30)(31) “Medical convenience kit” means packages or units
  359  that contain combination products as defined in 21 C.F.R. s.
  360  3.2(e)(2).
  361         (31)(32) “Medical gas” means any liquefied or vaporized gas
  362  that is a prescription drug, whether alone or in combination
  363  with other gases, and as defined in the federal act.
  364         (32)(33) “New drug” means:
  365         (a) Any drug the composition of which is such that the drug
  366  is not generally recognized, among experts qualified by
  367  scientific training and experience to evaluate the safety and
  368  effectiveness of drugs, as safe and effective for use under the
  369  conditions prescribed, recommended, or suggested in the labeling
  370  of that drug; or
  371         (b) Any drug the composition of which is such that the
  372  drug, as a result of investigations to determine its safety and
  373  effectiveness for use under certain conditions, has been
  374  recognized for use under such conditions, but which drug has
  375  not, other than in those investigations, been used to a material
  376  extent or for a material time under such conditions.
  377         (34)“Normal distribution chain” means a wholesale
  378  distribution of a prescription drug in which the wholesale
  379  distributor or its wholly owned subsidiary purchases and
  380  receives the specific unit of the prescription drug directly
  381  from the manufacturer and distributes the prescription drug
  382  directly, or through up to two intracompany transfers, to a
  383  chain pharmacy warehouse or a person authorized by law to
  384  purchase prescription drugs for the purpose of administering or
  385  dispensing the drug, as defined in s. 465.003. For purposes of
  386  this subsection, the term “intracompany” means any transaction
  387  or transfer between any parent, division, or subsidiary wholly
  388  owned by a corporate entity.
  389         (33)(35) “Nursing home” means a facility licensed under
  390  part II of chapter 400.
  391         (34)(36) “Official compendium” means the current edition of
  392  the official United States Pharmacopoeia and National Formulary,
  393  or any supplement thereto.
  394         (37)“Pedigree paper” means a document in written or
  395  electronic form approved by the department which contains
  396  information required by s. 499.01212 regarding the sale and
  397  distribution of any given prescription drug.
  398         (35)(38) “Permittee” means any person holding a permit
  399  issued under this chapter pursuant to s. 499.012.
  400         (36)(39) “Person” means any individual, child, joint
  401  venture, syndicate, fiduciary, partnership, corporation,
  402  division of a corporation, firm, trust, business trust, company,
  403  estate, public or private institution, association,
  404  organization, group, city, county, city and county, political
  405  subdivision of this state, other governmental agency within this
  406  state, and any representative, agent, or agency of any of the
  407  foregoing, or any other group or combination of the foregoing.
  408         (37)(40) “Pharmacist” means a person licensed under chapter
  409  465.
  410         (38)(41) “Pharmacy” means an entity licensed under chapter
  411  465.
  412         (39)(42) “Prepackaged drug product” means a drug that
  413  originally was in finished packaged form sealed by a
  414  manufacturer and that is placed in a properly labeled container
  415  by a pharmacy or practitioner authorized to dispense pursuant to
  416  chapter 465 for the purpose of dispensing in the establishment
  417  in which the prepackaging occurred.
  418         (40)(43) “Prescription drug” means a prescription,
  419  medicinal, or legend drug, including, but not limited to,
  420  finished dosage forms or active pharmaceutical ingredients
  421  subject to, defined by, or described by s. 503(b) of the federal
  422  act or s. 465.003(8), s. 499.007(13), subsection (31) (32), or
  423  subsection (47) (52), except that an active pharmaceutical
  424  ingredient is a prescription drug only if substantially all
  425  finished dosage forms in which it may be lawfully dispensed or
  426  administered in this state are also prescription drugs.
  427         (41)(44) “Prescription drug label” means any display of
  428  written, printed, or graphic matter upon the immediate container
  429  of any prescription drug before it is dispensed prior to its
  430  dispensing to an individual patient pursuant to a prescription
  431  of a practitioner authorized by law to prescribe.
  432         (42)(45) “Prescription label” means any display of written,
  433  printed, or graphic matter upon the immediate container of any
  434  prescription drug dispensed pursuant to a prescription of a
  435  practitioner authorized by law to prescribe.
  436         (46)“Primary wholesale distributor” means any wholesale
  437  distributor that:
  438         (a)Purchased 90 percent or more of the total dollar volume
  439  of its purchases of prescription drugs directly from
  440  manufacturers in the previous year; and
  441         (b)1.Directly purchased prescription drugs from not fewer
  442  than 50 different prescription drug manufacturers in the
  443  previous year; or
  444         2.Has, or the affiliated group, as defined in s. 1504 of
  445  the Internal Revenue Code, of which the wholesale distributor is
  446  a member has, not fewer than 250 employees.
  447         (c)For purposes of this subsection, “directly from
  448  manufacturers” means:
  449         1.Purchases made by the wholesale distributor directly
  450  from the manufacturer of prescription drugs; and
  451         2.Transfers from a member of an affiliated group, as
  452  defined in s. 1504 of the Internal Revenue Code, of which the
  453  wholesale distributor is a member, if:
  454         a.The affiliated group purchases 90 percent or more of the
  455  total dollar volume of its purchases of prescription drugs from
  456  the manufacturer in the previous year; and
  457         b.The wholesale distributor discloses to the department
  458  the names of all members of the affiliated group of which the
  459  wholesale distributor is a member and the affiliated group
  460  agrees in writing to provide records on prescription drug
  461  purchases by the members of the affiliated group not later than
  462  48 hours after the department requests access to such records,
  463  regardless of the location where the records are stored.
  464         (43)(47) “Proprietary drug,” or “OTC drug,” means a patent
  465  or over-the-counter drug in its unbroken, original package,
  466  which drug is sold to the public by, or under the authority of,
  467  the manufacturer or primary distributor thereof, is not
  468  misbranded under the provisions of this part, and can be
  469  purchased without a prescription.
  470         (44)(48) “Repackage” includes repacking or otherwise
  471  changing the container, wrapper, or labeling to further the
  472  distribution of the drug, device, or cosmetic.
  473         (45)(49) “Repackager” means a person who repackages. The
  474  term excludes pharmacies that are operating in compliance with
  475  pharmacy practice standards as defined in chapter 465 and rules
  476  adopted under that chapter.
  477         (46)(50) “Retail pharmacy” means a community pharmacy
  478  licensed under chapter 465 that purchases prescription drugs at
  479  fair market prices and provides prescription services to the
  480  public.
  481         (51)“Secondary wholesale distributor” means a wholesale
  482  distributor that is not a primary wholesale distributor.
  483         (47)(52) “Veterinary prescription drug” means a
  484  prescription drug intended solely for veterinary use. The label
  485  of the drug must bear the statement, “Caution: Federal law
  486  restricts this drug to sale by or on the order of a licensed
  487  veterinarian.”
  488         (48)(53) “Wholesale distribution” means the distribution of
  489  a prescription drug to a person drugs to persons other than a
  490  consumer or patient, or the receipt of a prescription drug by a
  491  person other than the consumer or patient, but does not include:
  492         (a) Any of the following activities, which is not a
  493  violation of s. 499.005(21) if such activity is conducted in
  494  accordance with s. 499.01(2)(h) 499.01(2)(g):
  495         1. The purchase or other acquisition by a hospital or other
  496  health care entity that is a member of a group purchasing
  497  organization of a prescription drug for its own use from the
  498  group purchasing organization or from other hospitals or health
  499  care entities that are members of that organization.
  500         2. The distribution sale, purchase, or trade of a
  501  prescription drug or an offer to distribute sell, purchase, or
  502  trade a prescription drug by a charitable organization described
  503  in s. 501(c)(3) of the Internal Revenue Code of 1986, as amended
  504  and revised, to a nonprofit affiliate of the organization to the
  505  extent otherwise permitted by law.
  506         3. The distribution sale, purchase, or trade of a
  507  prescription drug or an offer to sell, purchase, or trade a
  508  prescription drug among hospitals or other health care entities
  509  that are under common control. For purposes of this
  510  subparagraph, “common control” means the power to direct or
  511  cause the direction of the management and policies of a person
  512  or an organization, whether by ownership of stock, by voting
  513  rights, by contract, or otherwise.
  514         4. The distribution sale, purchase, trade, or other
  515  transfer of a prescription drug from or for any federal, state,
  516  or local government agency or any entity eligible to purchase
  517  prescription drugs at public health services prices pursuant to
  518  Pub. L. No. 102-585, s. 602 to a contract provider or its
  519  subcontractor for eligible patients of the agency or entity
  520  under the following conditions:
  521         a. The agency or entity must obtain written authorization
  522  for the distribution sale, purchase, trade, or other transfer of
  523  a prescription drug under this subparagraph from the Secretary
  524  of Business and Professional Regulation or his or her designee.
  525         b. The contract provider or subcontractor must be
  526  authorized by law to administer or dispense prescription drugs.
  527         c. In the case of a subcontractor, the agency or entity
  528  must be a party to and execute the subcontract.
  529         d. The contract provider and subcontractor must maintain
  530  and produce immediately for inspection all records of movement
  531  or transfer of all the prescription drugs belonging to the
  532  agency or entity, including, but not limited to, the records of
  533  receipt and disposition of prescription drugs. Each contractor
  534  and subcontractor dispensing or administering these drugs must
  535  maintain and produce records documenting the dispensing or
  536  administration. Records that are required to be maintained
  537  include, but are not limited to, a perpetual inventory itemizing
  538  drugs received and drugs dispensed by prescription number or
  539  administered by patient identifier, which must be submitted to
  540  the agency or entity quarterly.
  541         e. The contract provider or subcontractor may administer or
  542  dispense the prescription drugs only to the eligible patients of
  543  the agency or entity or must return the prescription drugs for
  544  or to the agency or entity. The contract provider or
  545  subcontractor must require proof from each person seeking to
  546  fill a prescription or obtain treatment that the person is an
  547  eligible patient of the agency or entity and must, at a minimum,
  548  maintain a copy of this proof as part of the records of the
  549  contractor or subcontractor required under sub-subparagraph d.
  550         f. In addition to the departmental inspection authority set
  551  forth in s. 499.051, the establishment of the contract provider
  552  and subcontractor and all records pertaining to prescription
  553  drugs subject to this subparagraph shall be subject to
  554  inspection by the agency or entity. All records relating to
  555  prescription drugs of a manufacturer under this subparagraph
  556  shall be subject to audit by the manufacturer of those drugs,
  557  without identifying individual patient information.
  558         (b) Any of the following activities, which is not a
  559  violation of s. 499.005(21) if such activity is conducted in
  560  accordance with rules established by the department:
  561         1. The distribution sale, purchase, or trade of a
  562  prescription drug among federal, state, or local government
  563  health care entities that are under common control and are
  564  authorized to purchase such prescription drug.
  565         2. The distribution sale, purchase, or trade of a
  566  prescription drug or an offer to distribute sell, purchase, or
  567  trade a prescription drug for emergency medical reasons, which
  568  may include. For purposes of this subparagraph, The term
  569  “emergency medical reasons” includes transfers of prescription
  570  drugs by a retail pharmacy to another retail pharmacy to
  571  alleviate a temporary shortage. For purposes of this
  572  subparagraph, a drug shortage not caused by a public health
  573  emergency does not constitute an emergency medical reason.
  574         3. The distribution transfer of a prescription drug
  575  acquired by a medical director on behalf of a licensed emergency
  576  medical services provider to that emergency medical services
  577  provider and its transport vehicles for use in accordance with
  578  the provider’s license under chapter 401.
  579         4.The revocation of a sale or the return of a prescription
  580  drug to the person’s prescription drug wholesale supplier.
  581         4.5. The donation of a prescription drug by a health care
  582  entity to a charitable organization that has been granted an
  583  exemption under s. 501(c)(3) of the Internal Revenue Code of
  584  1986, as amended, and that is authorized to possess prescription
  585  drugs.
  586         5.6. The distribution transfer of a prescription drug by a
  587  person authorized to purchase or receive prescription drugs to a
  588  person licensed or permitted to handle reverse distributions or
  589  destruction under the laws of the jurisdiction in which the
  590  person handling the reverse distribution or destruction receives
  591  the drug.
  592         6.7. The distribution transfer of a prescription drug by a
  593  hospital or other health care entity to a person licensed under
  594  this part to repackage prescription drugs for the purpose of
  595  repackaging the prescription drug for use by that hospital, or
  596  other health care entity and other health care entities that are
  597  under common control, if ownership of the prescription drugs
  598  remains with the hospital or other health care entity at all
  599  times. In addition to the recordkeeping requirements of s.
  600  499.0121(6), the hospital or health care entity that distributes
  601  transfers prescription drugs pursuant to this subparagraph must
  602  reconcile all drugs distributed transferred and returned and
  603  resolve any discrepancies in a timely manner.
  604         (c)Intracompany distribution of any drug between members
  605  of an affiliate or within a manufacturer.
  606         (d)The distribution of a prescription drug by the
  607  manufacturer of the prescription drug.
  608         (e)(c) The distribution of prescription drug samples by
  609  manufacturers’ representatives or distributors’ representatives
  610  conducted in accordance with s. 499.028.
  611         (f)The distribution of a prescription drug by a third
  612  party logistics provider permitted or licensed pursuant to and
  613  operating in compliance with the laws of this state and federal
  614  law if such third-party logistics provider does not take
  615  ownership of the prescription drug.
  616         (g)The distribution of a prescription drug, or an offer to
  617  distribute a prescription drug by a repackager registered as a
  618  drug establishment with the United States Food and Drug
  619  Administration that has taken ownership or possession of the
  620  prescription drug and repacks it in accordance with this part.
  621         (h)The purchase or other acquisition by a dispenser,
  622  hospital, or other health care entity of a prescription drug for
  623  use by such dispenser, hospital, or other health care entity.
  624         (i)The distribution of a prescription drug by a hospital
  625  or other health care entity, or by a wholesale distributor or
  626  manufacturer operating at the direction of the hospital or other
  627  health care entity, to a repackager for the purpose of
  628  repackaging the prescription drug for use by that hospital, or
  629  other health care entity and other health care entities that are
  630  under common control, if ownership of the prescription drug
  631  remains with the hospital or other health care entity at all
  632  times.
  633         (j)(d) The distribution sale, purchase, or trade of blood
  634  and blood components intended for transfusion. As used in this
  635  paragraph, the term “blood” means whole blood collected from a
  636  single donor and processed for transfusion or further
  637  manufacturing, and the term “blood components” means that part
  638  of the blood separated by physical or mechanical means.
  639         (k)(e) The lawful dispensing of a prescription drug in
  640  accordance with chapter 465.
  641         (l)(f) The distribution sale, purchase, or trade of a
  642  prescription drug between pharmacies as a result of a sale,
  643  transfer, merger, or consolidation of all or part of the
  644  business of the pharmacies from or with another pharmacy,
  645  whether accomplished as a purchase and sale of stock or of
  646  business assets.
  647         (m)The distribution of minimal quantities of prescription
  648  drugs by a licensed retail pharmacy to a licensed practitioner
  649  for office use in compliance with chapter 465 and rules adopted
  650  thereunder.
  651         (n)The distribution of an intravenous prescription drug
  652  that, by its formulation, is intended for the replenishment of
  653  fluids and electrolytes, such as sodium, chloride, and potassium
  654  or calories, such as dextrose and amino acids.
  655         (o)The distribution of an intravenous prescription drug
  656  used to maintain the equilibrium of water and minerals in the
  657  body, such as dialysis solutions.
  658         (p)The distribution of a prescription drug that is
  659  intended for irrigation or sterile water, whether intended for
  660  such purposes or for injection.
  661         (q)The distribution of an exempt medical convenience kit
  662  pursuant to 21 U.S.C. s. 353(e)(4)(M).
  663         (r)A common carrier that transports a prescription drug,
  664  if the common carrier does not take ownership of the
  665  prescription drug.
  666         (s)Saleable drug returns when conducted by a dispenser.
  667         (t)Facilitating the distribution of a prescription drug by
  668  providing solely administrative services, including processing
  669  of orders and payments.
  670         (u)The distribution by a charitable organization described
  671  in s. 501(c)(3) of the Internal Revenue Code of prescription
  672  drugs donated to or supplied at a reduced price to the
  673  charitable organization to:
  674         1.A licensed health care practitioner, as defined in s.
  675  456.001, who is authorized under the appropriate practice act to
  676  prescribe and administer prescription drugs;
  677         2.A health care clinic establishment permitted pursuant to
  678  chapter 499; or
  679         3.The Department of Health or the licensed medical
  680  director of a government agency health care entity, authorized
  681  to possess prescription drugs, for storage and use in the
  682  treatment of persons in need of emergency medical services,
  683  including controlling communicable diseases or providing
  684  protection from unsafe conditions that pose an imminent threat
  685  to public health,
  686  
  687  if the distributor and the receiving entity receive no direct or
  688  indirect financial benefit other than tax benefits related to
  689  charitable contributions. Distributions under this section that
  690  involve controlled substances must comply with all state and
  691  federal regulations pertaining to the handling of controlled
  692  substances.
  693         (v)The distribution of medical gas pursuant to part III of
  694  this chapter.
  695         (49)(54) “Wholesale distributor” means a any person, other
  696  than a manufacturer, a manufacturer’s co-licensed partner, a
  697  third-party logistics provider, or a repackager, who is engaged
  698  in wholesale distribution of prescription drugs in or into this
  699  state, including, but not limited to, manufacturers;
  700  repackagers; own-label distributors; jobbers; private-label
  701  distributors; brokers; warehouses, including manufacturers’ and
  702  distributors’ warehouses, chain drug warehouses, and wholesale
  703  drug warehouses; independent wholesale drug traders; exporters;
  704  retail pharmacies; and the agents thereof that conduct wholesale
  705  distributions.
  706         Section 2. Subsections (21), (28), and (29) of section
  707  499.005, Florida Statutes, are amended to read:
  708         499.005 Prohibited acts.—It is unlawful for a person to
  709  perform or cause the performance of any of the following acts in
  710  this state:
  711         (21) The wholesale distribution of any prescription drug
  712  that was:
  713         (a) Purchased by a public or private hospital or other
  714  health care entity; or
  715         (b) Donated or supplied at a reduced price to a charitable
  716  organization,
  717  
  718  unless the wholesale distribution of the prescription drug is
  719  authorized in s. 499.01(2)(h)1.c. 499.01(2)(g)1.c.
  720         (28) Failure to acquire or deliver a transaction history,
  721  transaction information, or transaction statement pedigree paper
  722  as required under this part and rules adopted under this part.
  723         (29)The receipt of a prescription drug pursuant to a
  724  wholesale distribution without having previously received or
  725  simultaneously receiving a pedigree paper that was attested to
  726  as accurate and complete by the wholesale distributor as
  727  required under this part.
  728         Section 3. Subsections (4) through (17) of section
  729  499.0051, Florida Statutes, are renumbered as subsections (3)
  730  through (16), respectively, and subsections (1) and (2), present
  731  subsection (3), paragraphs (h) and (i) of present subsection
  732  (12), paragraph (d) of present subsection (13), and present
  733  subsection (15) of that section are amended, to read:
  734         499.0051 Criminal acts.—
  735         (1) FAILURE TO MAINTAIN OR DELIVER TRANSACTION HISTORY,
  736  TRANSACTION INFORMATION, OR TRANSACTION STATEMENT PEDIGREE
  737  PAPERS.—
  738         (a) A person, other than a manufacturer, engaged in the
  739  wholesale distribution of prescription drugs who fails to
  740  deliver to another person a complete and accurate transaction
  741  history, transaction information, or transaction statement
  742  pedigree papers concerning a prescription drug or contraband
  743  prescription drug, as required by this chapter and rules adopted
  744  under this chapter, before prior to, or simultaneous with, the
  745  transfer of the prescription drug or contraband prescription
  746  drug to another person commits a felony of the third degree,
  747  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  748         (b) A person engaged in the wholesale distribution of
  749  prescription drugs who fails to acquire a complete and accurate
  750  transaction history, transaction information, or transaction
  751  statement pedigree papers concerning a prescription drug or
  752  contraband prescription drug, as required by this chapter and
  753  rules adopted under this chapter, before prior to, or
  754  simultaneous with, the receipt of the prescription drug or
  755  contraband prescription drug from another person commits a
  756  felony of the third degree, punishable as provided in s.
  757  775.082, s. 775.083, or s. 775.084.
  758         (c) Any person who knowingly destroys, alters, conceals, or
  759  fails to maintain a complete and accurate transaction history,
  760  transaction information, or transaction statement pedigree
  761  papers concerning any prescription drug or contraband
  762  prescription drug, as required by this chapter and rules adopted
  763  under this chapter, in his or her possession commits a felony of
  764  the third degree, punishable as provided in s. 775.082, s.
  765  775.083, or s. 775.084.
  766         (2)FAILURE TO AUTHENTICATE PEDIGREE PAPERS.—Effective July
  767  1, 2006:
  768         (a)A person engaged in the wholesale distribution of
  769  prescription drugs who is in possession of pedigree papers
  770  concerning prescription drugs or contraband prescription drugs
  771  and who fails to authenticate the matters contained in the
  772  pedigree papers and who nevertheless attempts to further
  773  distribute prescription drugs or contraband prescription drugs
  774  commits a felony of the third degree, punishable as provided in
  775  s. 775.082, s. 775.083, or s. 775.084.
  776         (b)A person in possession of pedigree papers concerning
  777  prescription drugs or contraband prescription drugs who falsely
  778  swears or certifies that he or she has authenticated the matters
  779  contained in the pedigree papers commits a felony of the third
  780  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  781  775.084.
  782         (2)(3) KNOWING FORGERY OF TRANSACTION HISTORY, TRANSACTION
  783  INFORMATION, OR TRANSACTION STATEMENT PEDIGREE PAPERS.—A person
  784  who knowingly forges, counterfeits, or falsely creates any
  785  transaction history, transaction information, or transaction
  786  statement pedigree paper; who falsely represents any factual
  787  matter contained on any transaction history, transaction
  788  information, or transaction statement pedigree paper; or who
  789  knowingly omits to record material information required to be
  790  recorded in a transaction history, transaction information, or
  791  transaction statement pedigree paper, commits a felony of the
  792  second degree, punishable as provided in s. 775.082, s. 775.083,
  793  or s. 775.084.
  794         (11)(12) ADULTERATED AND MISBRANDED DRUGS; FALSE
  795  ADVERTISEMENT; FAILURE TO MAINTAIN RECORDS RELATING TO DRUGS.
  796  Any person who violates any of the following provisions commits
  797  a misdemeanor of the second degree, punishable as provided in s.
  798  775.082 or s. 775.083; but, if the violation is committed after
  799  a conviction of such person under this subsection has become
  800  final, such person commits a misdemeanor of the first degree,
  801  punishable as provided in s. 775.082 or s. 775.083, or as
  802  otherwise provided in this part:
  803         (h) The failure to maintain records related to a drug as
  804  required by this part and rules adopted under this part, except
  805  for transaction histories, transaction information, or
  806  transaction statements pedigree papers, invoices, or shipping
  807  documents related to prescription drugs.
  808         (i) The possession of any drug in violation of this part,
  809  except if the violation relates to a deficiency in transaction
  810  histories, transaction information, or transaction statements
  811  pedigree papers.
  812         (12)(13) REFUSAL TO ALLOW INSPECTION; SELLING, PURCHASING,
  813  OR TRADING DRUG SAMPLES; FAILURE TO MAINTAIN RECORDS RELATING TO
  814  PRESCRIPTION DRUGS.—Any person who violates any of the following
  815  provisions commits a felony of the third degree, punishable as
  816  provided in s. 775.082, s. 775.083, or s. 775.084, or as
  817  otherwise provided in this part:
  818         (d) The failure to receive, maintain, or provide invoices
  819  and shipping documents, other than pedigree papers, if
  820  applicable, related to the distribution of a prescription drug.
  821         (15) FALSE ADVERTISEMENT.—A publisher, radio broadcast
  822  licensee, or agency or medium for the dissemination of an
  823  advertisement, except the manufacturer, repackager, wholesale
  824  distributor, or seller of the article to which a false
  825  advertisement relates, is not liable under subsection (11) (12),
  826  subsection (12) (13), or subsection (13) (14) by reason of the
  827  dissemination by him or her of such false advertisement, unless
  828  he or she has refused, on the request of the department, to
  829  furnish to the department the name and post office address of
  830  the manufacturer, repackager, wholesale distributor, seller, or
  831  advertising agency that asked him or her to disseminate such
  832  advertisement.
  833         Section 4. Section 499.006, Florida Statutes, is amended to
  834  read:
  835         499.006 Adulterated drug or device.—A drug or device is
  836  adulterated, if any of the following apply:
  837         (1) If It consists in whole or in part of any filthy,
  838  putrid, or decomposed substance.;
  839         (2) If It has been produced, prepared, packed, or held
  840  under conditions whereby it could have been contaminated with
  841  filth or rendered injurious to health.;
  842         (3) If It is a drug and the methods used in, or the
  843  facilities or controls used for, its manufacture, processing,
  844  packing, or holding do not conform to, or are not operated or
  845  administered in conformity with, current good manufacturing
  846  practices to assure that the drug meets the requirements of this
  847  part and that the drug has the identity and strength, and meets
  848  the standard of quality and purity, which it purports or is
  849  represented to possess.;
  850         (4) If It is a drug and its container is composed, in whole
  851  or in part, of any poisonous or deleterious substance which
  852  could render the contents injurious to health.;
  853         (5) If It is a drug and it bears or contains, for the
  854  purpose of coloring only, a color additive that is unsafe within
  855  the meaning of the federal act; or, if it is a color additive,
  856  the intended use of which in or on drugs is for the purpose of
  857  coloring only, and it is unsafe within the meaning of the
  858  federal act.;
  859         (6) If It purports to be, or is represented as, a drug the
  860  name of which is recognized in the official compendium, and its
  861  strength differs from, or its quality or purity falls below, the
  862  standard set forth in such compendium. The determination as to
  863  strength, quality, or purity must be made in accordance with the
  864  tests or methods of assay set forth in such compendium, or, when
  865  such tests or methods of assay are absent or inadequate, in
  866  accordance with those tests or methods of assay prescribed under
  867  authority of the federal act. A drug defined in the official
  868  compendium is not adulterated under this subsection merely
  869  because it differs from the standard of strength, quality, or
  870  purity set forth for that drug in such compendium if its
  871  difference in strength, quality, or purity from such standard is
  872  plainly stated on its label.;
  873         (7) If It is not subject to subsection (6) and its strength
  874  differs from, or its purity or quality falls below the standard
  875  of, that which it purports or is represented to possess.;
  876         (8) If It is a drug:
  877         (a) With which any substance has been mixed or packed so as
  878  to reduce the quality or strength of the drug; or
  879         (b) For which any substance has been substituted wholly or
  880  in part.;
  881         (9) If It is a drug or device for which the expiration date
  882  has passed.;
  883         (10) If It is a prescription drug for which the required
  884  transaction history, transaction information, or transaction
  885  statement pedigree paper is nonexistent, fraudulent, or
  886  incomplete under the requirements of this part or applicable
  887  rules, or that has been purchased, held, sold, or distributed at
  888  any time by a person not authorized under federal or state law
  889  to do so.; or
  890         (11) If It is a prescription drug subject to, defined by,
  891  or described by s. 503(b) of the Federal Food, Drug, and
  892  Cosmetic Act which has been returned by a veterinarian to a
  893  limited prescription drug veterinary wholesale distributor.
  894         Section 5. Section 499.01, Florida Statutes, is amended to
  895  read:
  896         499.01 Permits.—
  897         (1) Before Prior to operating, a permit is required for
  898  each person and establishment that intends to operate as:
  899         (a) A prescription drug manufacturer;
  900         (b) A prescription drug repackager;
  901         (c) A nonresident prescription drug manufacturer;
  902         (d)A nonresident prescription drug repackager;
  903         (e)(d) A prescription drug wholesale distributor;
  904         (f)(e) An out-of-state prescription drug wholesale
  905  distributor;
  906         (g)(f) A retail pharmacy drug wholesale distributor;
  907         (h)(g) A restricted prescription drug distributor;
  908         (i)(h) A complimentary drug distributor;
  909         (j)(i) A freight forwarder;
  910         (k)(j) A veterinary prescription drug retail establishment;
  911         (l)(k) A veterinary prescription drug wholesale
  912  distributor;
  913         (m)(l) A limited prescription drug veterinary wholesale
  914  distributor;
  915         (n)(m) An over-the-counter drug manufacturer;
  916         (o)(n) A device manufacturer;
  917         (p)(o) A cosmetic manufacturer;
  918         (q)(p) A third party logistics provider; or
  919         (r)(q) A health care clinic establishment.
  920         (2) The following permits are established:
  921         (a) Prescription drug manufacturer permit.—A prescription
  922  drug manufacturer permit is required for any person that is a
  923  manufacturer of a prescription drug and that manufactures or
  924  distributes such prescription drugs in this state.
  925         1. A person that operates an establishment permitted as a
  926  prescription drug manufacturer may engage in wholesale
  927  distribution of prescription drugs for which the person is the
  928  manufacturer manufactured at that establishment and must comply
  929  with s. 499.0121 and all other of the provisions of this part,
  930  except s. 499.01212, and the rules adopted under this part,
  931  except s. 499.01212, which apply to a wholesale distributor. The
  932  department shall adopt rules for issuing a virtual prescription
  933  drug manufacturer permit to a person who engages in the
  934  manufacture of prescription drugs but does not make or take
  935  physical possession of any prescription drugs. The rules adopted
  936  by the department under this section may exempt virtual
  937  manufacturers from certain establishment, security, and storage
  938  requirements set forth in s. 499.0121.
  939         2. A prescription drug manufacturer must comply with all
  940  appropriate state and federal good manufacturing practices.
  941         3. A blood establishment, as defined in s. 381.06014,
  942  operating in a manner consistent with the provisions of 21
  943  C.F.R. parts 211 and 600-640, and manufacturing only the
  944  prescription drugs described in s. 499.003(48)(j) 499.003(53)(d)
  945  is not required to be permitted as a prescription drug
  946  manufacturer under this paragraph or to register products under
  947  s. 499.015.
  948         (b) Prescription drug repackager permit.—A prescription
  949  drug repackager permit is required for any person that
  950  repackages a prescription drug in this state.
  951         1. A person that operates an establishment permitted as a
  952  prescription drug repackager may engage in wholesale
  953  distribution of prescription drugs repackaged at that
  954  establishment and must comply with all of the provisions of this
  955  part and the rules adopted under this part that apply to a
  956  prescription drug manufacturer wholesale distributor.
  957         2. A prescription drug repackager must comply with all
  958  appropriate state and federal good manufacturing practices.
  959         (c) Nonresident prescription drug manufacturer permit.—A
  960  nonresident prescription drug manufacturer permit is required
  961  for any person that is a manufacturer of prescription drugs,
  962  unless permitted as a third party logistics provider, located
  963  outside of this state or outside the United States and that
  964  engages in the wholesale distribution in this state of such
  965  prescription drugs. Each such manufacturer must be permitted by
  966  the department and comply with all of the provisions required of
  967  a prescription drug manufacturer wholesale distributor under
  968  this part, except s. 499.01212. The department shall adopt rules
  969  for issuing a virtual nonresident prescription drug manufacturer
  970  permit to a person who engages in the manufacture of
  971  prescription drugs but does not make or take physical possession
  972  of any prescription drugs. The rules adopted by the department
  973  under this section may exempt virtual nonresident manufacturers
  974  from certain establishment, security, and storage requirements
  975  set forth in s. 499.0121.
  976         1. A person that distributes prescription drugs for which
  977  the person is not the manufacturer must also obtain an out-of
  978  state prescription drug wholesale distributor permit or third
  979  party logistics provider permit pursuant to this section to
  980  engage in the wholesale distribution of such prescription drugs
  981  when required by this part. This subparagraph does not apply to
  982  a manufacturer that distributes prescription drugs only for the
  983  manufacturer of the prescription drugs where both manufacturers
  984  are affiliates as defined in s. 499.003(30)(e).
  985         2. Any such person must comply with the licensing or
  986  permitting requirements of the jurisdiction in which the
  987  establishment is located and the federal act, and any
  988  prescription drug distributed product wholesaled into this state
  989  must comply with this part. If a person intends to import
  990  prescription drugs from a foreign country into this state, the
  991  nonresident prescription drug manufacturer must provide to the
  992  department a list identifying each prescription drug it intends
  993  to import and document approval by the United States Food and
  994  Drug Administration for such importation.
  995         (d)Nonresident prescription drug repackager permit.–A
  996  nonresident prescription drug repackager permit is required for
  997  any person located outside of this state, but within the United
  998  States or its territories, that repackages prescription drugs
  999  and engages in the distribution of such prescription drugs into
 1000  this state.
 1001         1.A nonresident prescription drug repackager must comply
 1002  with all of the provisions of this section and the rules adopted
 1003  under this section that apply to a prescription drug
 1004  manufacturer.
 1005         2.A nonresident prescription drug repackager must be
 1006  permitted by the department and comply with all appropriate
 1007  state and federal good manufacturing practices.
 1008         3.A nonresident prescription drug repackager must be
 1009  registered as a drug establishment with the United States Food
 1010  and Drug Administration.
 1011         (e)(d)Prescription drug wholesale distributor permit.—A
 1012  prescription drug wholesale distributor permit is required for
 1013  any person who is a wholesale distributor of prescription drugs
 1014  and that may engage in the wholesale distributes such
 1015  distribution of prescription drugs in this state. A prescription
 1016  drug wholesale distributor that applies to the department for a
 1017  new permit or the renewal of a permit must submit a bond of
 1018  $100,000, or other equivalent means of security acceptable to
 1019  the department, such as an irrevocable letter of credit or a
 1020  deposit in a trust account or financial institution, payable to
 1021  the Professional Regulation Trust Fund. The purpose of the bond
 1022  is to secure payment of any administrative penalties imposed by
 1023  the department and any fees and costs incurred by the department
 1024  regarding that permit which are authorized under state law and
 1025  which the permittee fails to pay 30 days after the fine or costs
 1026  become final. The department may make a claim against such bond
 1027  or security until 1 year after the permittee’s license ceases to
 1028  be valid or until 60 days after any administrative or legal
 1029  proceeding authorized in this part which involves the permittee
 1030  is concluded, including any appeal, whichever occurs later. The
 1031  department may adopt rules for issuing a prescription drug
 1032  wholesale distributor-broker permit to a person who engages in
 1033  the wholesale distribution of prescription drugs and does not
 1034  take physical possession of any prescription drugs.
 1035         (f)(e)Out-of-state prescription drug wholesale distributor
 1036  permit.—An out-of-state prescription drug wholesale distributor
 1037  permit is required for any person that is a wholesale
 1038  distributor located outside this state, but within the United
 1039  States or its territories, which engages in the wholesale
 1040  distribution of prescription drugs into this state and which
 1041  must be permitted by the department and comply with all the
 1042  provisions required of a wholesale distributor under this part.
 1043  An out-of-state prescription drug wholesale distributor that
 1044  applies to the department for a new permit or the renewal of a
 1045  permit must submit a bond of $100,000, or other equivalent means
 1046  of security acceptable to the department, such as an irrevocable
 1047  letter of credit or a deposit in a trust account or financial
 1048  institution, payable to the Professional Regulation Trust Fund.
 1049  The purpose of the bond is to secure payment of any
 1050  administrative penalties imposed by the department and any fees
 1051  and costs incurred by the department regarding that permit which
 1052  are authorized under state law and which the permittee fails to
 1053  pay 30 days after the fine or costs become final. The department
 1054  may make a claim against such bond or security until 1 year
 1055  after the permittee’s license ceases to be valid or until 60
 1056  days after any administrative or legal proceeding authorized in
 1057  this part which involves the permittee is concluded, including
 1058  any appeal, whichever occurs later. The out-of-state
 1059  prescription drug wholesale distributor must maintain at all
 1060  times a license or permit to engage in the wholesale
 1061  distribution of prescription drugs in compliance with laws of
 1062  the state in which it is a resident. If the state from which the
 1063  wholesale distributor distributes prescription drugs does not
 1064  require a license to engage in the wholesale distribution of
 1065  prescription drugs, the distributor must be licensed as a
 1066  wholesale distributor as required by the federal act.
 1067         (g)(f)Retail pharmacy drug wholesale distributor permit.—A
 1068  retail pharmacy drug wholesale distributor is a retail pharmacy
 1069  engaged in wholesale distribution of prescription drugs within
 1070  this state under the following conditions:
 1071         1. The pharmacy must obtain a retail pharmacy drug
 1072  wholesale distributor permit pursuant to this part and the rules
 1073  adopted under this part.
 1074         2. The wholesale distribution activity does not exceed 30
 1075  percent of the total annual purchases of prescription drugs. If
 1076  the wholesale distribution activity exceeds the 30-percent
 1077  maximum, the pharmacy must obtain a prescription drug wholesale
 1078  distributor permit.
 1079         3. The transfer of prescription drugs that appear in any
 1080  schedule contained in chapter 893 is subject to chapter 893 and
 1081  the federal Comprehensive Drug Abuse Prevention and Control Act
 1082  of 1970.
 1083         4. The transfer is between a retail pharmacy and another
 1084  retail pharmacy, or a Modified Class II institutional pharmacy,
 1085  or a health care practitioner licensed in this state and
 1086  authorized by law to dispense or prescribe prescription drugs.
 1087         5. All records of sales of prescription drugs subject to
 1088  this section must be maintained separate and distinct from other
 1089  records and comply with the recordkeeping requirements of this
 1090  part.
 1091         (h)(g)Restricted prescription drug distributor permit.—
 1092         1. A restricted prescription drug distributor permit is
 1093  required for:
 1094         a. Any person located in this state who engages in the
 1095  distribution of a prescription drug, which distribution is not
 1096  considered “wholesale distribution” under s. 499.003(48)(a)
 1097  499.003(53)(a).
 1098         b. Any person located in this state who engages in the
 1099  receipt or distribution of a prescription drug in this state for
 1100  the purpose of processing its return or its destruction if such
 1101  person is not the person initiating the return, the prescription
 1102  drug wholesale supplier of the person initiating the return, or
 1103  the manufacturer of the drug.
 1104         c. A blood establishment located in this state which
 1105  collects blood and blood components only from volunteer donors
 1106  as defined in s. 381.06014 or pursuant to an authorized
 1107  practitioner’s order for medical treatment or therapy and
 1108  engages in the wholesale distribution of a prescription drug not
 1109  described in s. 499.003(48)(j) 499.003(53)(d) to a health care
 1110  entity. A mobile blood unit operated by a blood establishment
 1111  permitted under this sub-subparagraph is not required to be
 1112  separately permitted. The health care entity receiving a
 1113  prescription drug distributed under this sub-subparagraph must
 1114  be licensed as a closed pharmacy or provide health care services
 1115  at that establishment. The blood establishment must operate in
 1116  accordance with s. 381.06014 and may distribute only:
 1117         (I) Prescription drugs indicated for a bleeding or clotting
 1118  disorder or anemia;
 1119         (II) Blood-collection containers approved under s. 505 of
 1120  the federal act;
 1121         (III) Drugs that are blood derivatives, or a recombinant or
 1122  synthetic form of a blood derivative;
 1123         (IV) Prescription drugs that are identified in rules
 1124  adopted by the department and that are essential to services
 1125  performed or provided by blood establishments and authorized for
 1126  distribution by blood establishments under federal law; or
 1127         (V) To the extent authorized by federal law, drugs
 1128  necessary to collect blood or blood components from volunteer
 1129  blood donors; for blood establishment personnel to perform
 1130  therapeutic procedures under the direction and supervision of a
 1131  licensed physician; and to diagnose, treat, manage, and prevent
 1132  any reaction of a volunteer blood donor or a patient undergoing
 1133  a therapeutic procedure performed under the direction and
 1134  supervision of a licensed physician,
 1135  
 1136  as long as all of the health care services provided by the blood
 1137  establishment are related to its activities as a registered
 1138  blood establishment or the health care services consist of
 1139  collecting, processing, storing, or administering human
 1140  hematopoietic stem cells or progenitor cells or performing
 1141  diagnostic testing of specimens if such specimens are tested
 1142  together with specimens undergoing routine donor testing. The
 1143  blood establishment may purchase and possess the drugs described
 1144  in this sub-subparagraph without a health care clinic
 1145  establishment permit.
 1146         2. Storage, handling, and recordkeeping of these
 1147  distributions by a person required to be permitted as a
 1148  restricted prescription drug distributor must be in accordance
 1149  with the requirements for wholesale distributors under s.
 1150  499.0121, but not those set forth in s. 499.01212 if the
 1151  distribution occurs pursuant to sub-subparagraph 1.a. or sub
 1152  subparagraph 1.b.
 1153         3. A person who applies for a permit as a restricted
 1154  prescription drug distributor, or for the renewal of such a
 1155  permit, must provide to the department the information required
 1156  under s. 499.012.
 1157         4. The department may adopt rules regarding the
 1158  distribution of prescription drugs by hospitals, health care
 1159  entities, charitable organizations, other persons not involved
 1160  in wholesale distribution, and blood establishments, which rules
 1161  are necessary for the protection of the public health, safety,
 1162  and welfare.
 1163         (i)(h)Complimentary drug distributor permit.—A
 1164  complimentary drug distributor permit is required for any person
 1165  that engages in the distribution of a complimentary drug,
 1166  subject to the requirements of s. 499.028.
 1167         (j)(i)Freight forwarder permit.—A freight forwarder permit
 1168  is required for any person that engages in the distribution of a
 1169  prescription drug as a freight forwarder unless the person is a
 1170  common carrier. The storage, handling, and recordkeeping of such
 1171  distributions must comply with the requirements for wholesale
 1172  distributors under s. 499.0121, but not those set forth in s.
 1173  499.01212. A freight forwarder must provide the source of the
 1174  prescription drugs with a validated airway bill, bill of lading,
 1175  or other appropriate documentation to evidence the exportation
 1176  of the product.
 1177         (k)(j)Veterinary prescription drug retail establishment
 1178  permit.—A veterinary prescription drug retail establishment
 1179  permit is required for any person that sells veterinary
 1180  prescription drugs to the public but does not include a pharmacy
 1181  licensed under chapter 465.
 1182         1. The sale to the public must be based on a valid written
 1183  order from a veterinarian licensed in this state who has a valid
 1184  client-veterinarian relationship with the purchaser’s animal.
 1185         2. Veterinary prescription drugs may not be sold in excess
 1186  of the amount clearly indicated on the order or beyond the date
 1187  indicated on the order.
 1188         3. An order may not be valid for more than 1 year.
 1189         4. A veterinary prescription drug retail establishment may
 1190  not purchase, sell, trade, or possess human prescription drugs
 1191  or any controlled substance as defined in chapter 893.
 1192         5. A veterinary prescription drug retail establishment must
 1193  sell a veterinary prescription drug in the original, sealed
 1194  manufacturer’s container with all labeling intact and legible.
 1195  The department may adopt by rule additional labeling
 1196  requirements for the sale of a veterinary prescription drug.
 1197         6. A veterinary prescription drug retail establishment must
 1198  comply with all of the wholesale distribution requirements of s.
 1199  499.0121.
 1200         7. Prescription drugs sold by a veterinary prescription
 1201  drug retail establishment pursuant to a practitioner’s order may
 1202  not be returned into the retail establishment’s inventory.
 1203         (l)(k)Veterinary prescription drug wholesale distributor
 1204  permit.—A veterinary prescription drug wholesale distributor
 1205  permit is required for any person that engages in the
 1206  distribution of veterinary prescription drugs in or into this
 1207  state. A veterinary prescription drug wholesale distributor that
 1208  also distributes prescription drugs subject to, defined by, or
 1209  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1210  Act which it did not manufacture must obtain a permit as a
 1211  prescription drug wholesale distributor, an out-of-state
 1212  prescription drug wholesale distributor, or a limited
 1213  prescription drug veterinary wholesale distributor in lieu of
 1214  the veterinary prescription drug wholesale distributor permit. A
 1215  veterinary prescription drug wholesale distributor must comply
 1216  with the requirements for wholesale distributors under s.
 1217  499.0121, but not those set forth in s. 499.01212.
 1218         (m)(l)Limited prescription drug veterinary wholesale
 1219  distributor permit.—Unless engaging in the activities of and
 1220  permitted as a prescription drug manufacturer, nonresident
 1221  prescription drug manufacturer, prescription drug wholesale
 1222  distributor, or out-of-state prescription drug wholesale
 1223  distributor, a limited prescription drug veterinary wholesale
 1224  distributor permit is required for any person that engages in
 1225  the distribution in or into this state of veterinary
 1226  prescription drugs and prescription drugs subject to, defined
 1227  by, or described by s. 503(b) of the Federal Food, Drug, and
 1228  Cosmetic Act under the following conditions:
 1229         1. The person is engaged in the business of wholesaling
 1230  prescription and veterinary prescription drugs to persons:
 1231         a. Licensed as veterinarians practicing on a full-time
 1232  basis;
 1233         b. Regularly and lawfully engaged in instruction in
 1234  veterinary medicine;
 1235         c. Regularly and lawfully engaged in law enforcement
 1236  activities;
 1237         d. For use in research not involving clinical use; or
 1238         e. For use in chemical analysis or physical testing or for
 1239  purposes of instruction in law enforcement activities, research,
 1240  or testing.
 1241         2. No more than 30 percent of total annual prescription
 1242  drug sales may be prescription drugs approved for human use
 1243  which are subject to, defined by, or described by s. 503(b) of
 1244  the Federal Food, Drug, and Cosmetic Act.
 1245         3. The person does not distribute in any jurisdiction
 1246  prescription drugs subject to, defined by, or described by s.
 1247  503(b) of the Federal Food, Drug, and Cosmetic Act to any person
 1248  who is authorized to sell, distribute, purchase, trade, or use
 1249  these drugs on or for humans.
 1250         4. A limited prescription drug veterinary wholesale
 1251  distributor that applies to the department for a new permit or
 1252  the renewal of a permit must submit a bond of $20,000, or other
 1253  equivalent means of security acceptable to the department, such
 1254  as an irrevocable letter of credit or a deposit in a trust
 1255  account or financial institution, payable to the Professional
 1256  Regulation Trust Fund. The purpose of the bond is to secure
 1257  payment of any administrative penalties imposed by the
 1258  department and any fees and costs incurred by the department
 1259  regarding that permit which are authorized under state law and
 1260  which the permittee fails to pay 30 days after the fine or costs
 1261  become final. The department may make a claim against such bond
 1262  or security until 1 year after the permittee’s license ceases to
 1263  be valid or until 60 days after any administrative or legal
 1264  proceeding authorized in this part which involves the permittee
 1265  is concluded, including any appeal, whichever occurs later.
 1266         5. A limited prescription drug veterinary wholesale
 1267  distributor must maintain at all times a license or permit to
 1268  engage in the wholesale distribution of prescription drugs in
 1269  compliance with laws of the state in which it is a resident.
 1270         6. A limited prescription drug veterinary wholesale
 1271  distributor must comply with the requirements for wholesale
 1272  distributors under s. ss. 499.0121 and 499.01212, except that a
 1273  limited prescription drug veterinary wholesale distributor is
 1274  not required to provide a pedigree paper as required by s.
 1275  499.01212 upon the wholesale distribution of a prescription drug
 1276  to a veterinarian.
 1277         7. A limited prescription drug veterinary wholesale
 1278  distributor may not return to inventory for subsequent wholesale
 1279  distribution any prescription drug subject to, defined by, or
 1280  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1281  Act which has been returned by a veterinarian.
 1282         8. A limited prescription drug veterinary wholesale
 1283  distributor permit is not required for an intracompany sale or
 1284  transfer of a prescription drug from an out-of-state
 1285  establishment that is duly licensed to engage in the wholesale
 1286  distribution of prescription drugs in its state of residence to
 1287  a licensed limited prescription drug veterinary wholesale
 1288  distributor in this state if both wholesale distributors conduct
 1289  wholesale distributions of prescription drugs under the same
 1290  business name. The recordkeeping requirements of s. ss.
 1291  499.0121(6) and 499.01212 must be followed for this transaction.
 1292         (n)(m)Over-the-counter drug manufacturer permit.—An over
 1293  the-counter drug manufacturer permit is required for any person
 1294  that engages in the manufacture or repackaging of an over-the
 1295  counter drug.
 1296         1. An over-the-counter drug manufacturer may not possess or
 1297  purchase prescription drugs.
 1298         2. A pharmacy is exempt from obtaining an over-the-counter
 1299  drug manufacturer permit if it is operating in compliance with
 1300  pharmacy practice standards as defined in chapter 465 and the
 1301  rules adopted under that chapter.
 1302         3. An over-the-counter drug manufacturer must comply with
 1303  all appropriate state and federal good manufacturing practices.
 1304         (o)(n)Device manufacturer permit.—
 1305         1. A device manufacturer permit is required for any person
 1306  that engages in the manufacture, repackaging, or assembly of
 1307  medical devices for human use in this state, except that a
 1308  permit is not required if:
 1309         a. The person is engaged only in manufacturing,
 1310  repackaging, or assembling a medical device pursuant to a
 1311  practitioner’s order for a specific patient; or
 1312         b. The person does not manufacture, repackage, or assemble
 1313  any medical devices or components for such devices, except those
 1314  devices or components which are exempt from registration
 1315  pursuant to s. 499.015(8).
 1316         2. A manufacturer or repackager of medical devices in this
 1317  state must comply with all appropriate state and federal good
 1318  manufacturing practices and quality system rules.
 1319         3. The department shall adopt rules related to storage,
 1320  handling, and recordkeeping requirements for manufacturers of
 1321  medical devices for human use.
 1322         (p)(o)Cosmetic manufacturer permit.—A cosmetic
 1323  manufacturer permit is required for any person that manufactures
 1324  or repackages cosmetics in this state. A person that only labels
 1325  or changes the labeling of a cosmetic but does not open the
 1326  container sealed by the manufacturer of the product is exempt
 1327  from obtaining a permit under this paragraph.
 1328         (q)(p)Third party logistics provider permit.—A third party
 1329  logistics provider permit is required for any person that
 1330  contracts with a prescription drug wholesale distributor or
 1331  prescription drug manufacturer to provide warehousing,
 1332  distribution, or other logistics services on behalf of a
 1333  manufacturer, or wholesale distributor, or dispenser, but who
 1334  does not take title to the prescription drug or have
 1335  responsibility to direct the sale or disposition of the
 1336  prescription drug. A third party logistics provider located
 1337  outside of this state, must be licensed in the state or
 1338  territory from which the prescription drug is distributed by the
 1339  third party logistics provider. If the state or territory from
 1340  which the third party logistics provider originates does not
 1341  require a license to operate as a third party logistics
 1342  provider, the third party logistic provider must be licensed as
 1343  a third party logistics provider as required by the federal act.
 1344  Each third party logistics provider permittee shall comply with
 1345  s. the requirements for wholesale distributors under ss.
 1346  499.0121 and 499.01212, with the exception of those wholesale
 1347  distributions described in s. 499.01212(3)(a), and other rules
 1348  that the department requires.
 1349         (r)(q)Health care clinic establishment permit.Effective
 1350  January 1, 2009, A health care clinic establishment permit is
 1351  required for the purchase of a prescription drug by a place of
 1352  business at one general physical location that provides health
 1353  care or veterinary services, which is owned and operated by a
 1354  business entity that has been issued a federal employer tax
 1355  identification number. For the purpose of this paragraph, the
 1356  term “qualifying practitioner” means a licensed health care
 1357  practitioner defined in s. 456.001, or a veterinarian licensed
 1358  under chapter 474, who is authorized under the appropriate
 1359  practice act to prescribe and administer a prescription drug.
 1360         1. An establishment must provide, as part of the
 1361  application required under s. 499.012, designation of a
 1362  qualifying practitioner who will be responsible for complying
 1363  with all legal and regulatory requirements related to the
 1364  purchase, recordkeeping, storage, and handling of the
 1365  prescription drugs. In addition, the designated qualifying
 1366  practitioner shall be the practitioner whose name, establishment
 1367  address, and license number is used on all distribution
 1368  documents for prescription drugs purchased or returned by the
 1369  health care clinic establishment. Upon initial appointment of a
 1370  qualifying practitioner, the qualifying practitioner and the
 1371  health care clinic establishment shall notify the department on
 1372  a form furnished by the department within 10 days after such
 1373  employment. In addition, the qualifying practitioner and health
 1374  care clinic establishment shall notify the department within 10
 1375  days after any subsequent change.
 1376         2. The health care clinic establishment must employ a
 1377  qualifying practitioner at each establishment.
 1378         3. In addition to the remedies and penalties provided in
 1379  this part, a violation of this chapter by the health care clinic
 1380  establishment or qualifying practitioner constitutes grounds for
 1381  discipline of the qualifying practitioner by the appropriate
 1382  regulatory board.
 1383         4. The purchase of prescription drugs by the health care
 1384  clinic establishment is prohibited during any period of time
 1385  when the establishment does not comply with this paragraph.
 1386         5. A health care clinic establishment permit is not a
 1387  pharmacy permit or otherwise subject to chapter 465. A health
 1388  care clinic establishment that meets the criteria of a modified
 1389  Class II institutional pharmacy under s. 465.019 is not eligible
 1390  to be permitted under this paragraph.
 1391         6. This paragraph does not apply to the purchase of a
 1392  prescription drug by a licensed practitioner under his or her
 1393  license.
 1394         (3) A nonresident prescription drug manufacturer permit is
 1395  not required for a manufacturer to distribute a prescription
 1396  drug active pharmaceutical ingredient that it manufactures to a
 1397  prescription drug manufacturer permitted in this state in
 1398  limited quantities intended for research and development and not
 1399  for resale or human use other than lawful clinical trials and
 1400  biostudies authorized and regulated by federal law. A
 1401  manufacturer claiming to be exempt from the permit requirements
 1402  of this subsection and the prescription drug manufacturer
 1403  purchasing and receiving the active pharmaceutical ingredient
 1404  shall comply with the recordkeeping requirements of s.
 1405  499.0121(6), but not the requirements of s. 499.01212. The
 1406  prescription drug manufacturer purchasing and receiving the
 1407  active pharmaceutical ingredient shall maintain on file a record
 1408  of the FDA registration number; if available, the out-of-state
 1409  license, permit, or registration number; and, if available, a
 1410  copy of the most current FDA inspection report, for all
 1411  manufacturers from whom they purchase active pharmaceutical
 1412  ingredients under this section. The department shall define the
 1413  term “limited quantities” by rule, and may include the allowable
 1414  number of transactions within a given period of time and the
 1415  amount of prescription drugs distributed into the state for
 1416  purposes of this exemption. The failure to comply with the
 1417  requirements of this subsection, or rules adopted by the
 1418  department to administer this subsection, for the purchase of
 1419  prescription drug active pharmaceutical ingredients is a
 1420  violation of s. 499.005(14), and a knowing failure is a
 1421  violation of s. 499.0051(3) 499.0051(4).
 1422         (a)The immediate package or container of a prescription
 1423  drug active pharmaceutical ingredient distributed into the state
 1424  that is intended for research and development under this
 1425  subsection shall bear a label prominently displaying the
 1426  statement: “Caution: Research and Development Only—Not for
 1427  Manufacturing, Compounding, or Resale.”
 1428         (b)A prescription drug manufacturer that obtains a
 1429  prescription drug active pharmaceutical ingredient under this
 1430  subsection for use in clinical trials and or biostudies
 1431  authorized and regulated by federal law must create and maintain
 1432  records detailing the specific clinical trials or biostudies for
 1433  which the prescription drug active pharmaceutical ingredient was
 1434  obtained.
 1435         (4)(a) A permit issued under this part is not required to
 1436  distribute a prescription drug active pharmaceutical ingredient
 1437  from an establishment located in the United States to an
 1438  establishment located in this state permitted as a prescription
 1439  drug manufacturer under this part for use by the recipient in
 1440  preparing, deriving, processing, producing, or fabricating a
 1441  prescription drug finished dosage form at the establishment in
 1442  this state where the product is received under an approved and
 1443  otherwise valid New Drug Approval Application, Abbreviated New
 1444  Drug Application, New Animal Drug Application, or Therapeutic
 1445  Biologic Application, provided that the application, active
 1446  pharmaceutical ingredient, or finished dosage form has not been
 1447  withdrawn or removed from the market in this country for public
 1448  health reasons.
 1449         1. Any distributor claiming exemption from permitting
 1450  requirements pursuant to this paragraph shall maintain a
 1451  license, permit, or registration to engage in the wholesale
 1452  distribution of prescription drugs under the laws of the state
 1453  from which the product is distributed. If the state from which
 1454  the prescription drugs are distributed does not require a
 1455  license to engage in the wholesale distribution of prescription
 1456  drugs, the distributor must be licensed as a wholesale
 1457  distributor as required by the federal act.
 1458         2. Any distributor claiming exemption from permitting
 1459  requirements pursuant to this paragraph and the prescription
 1460  drug manufacturer purchasing and receiving the active
 1461  pharmaceutical ingredient shall comply with the recordkeeping
 1462  requirements of s. 499.0121(6), but not the requirements of s.
 1463  499.01212.
 1464         (b) A permit issued under this part is not required to
 1465  distribute limited quantities of a prescription drug that has
 1466  not been repackaged from an establishment located in the United
 1467  States to an establishment located in this state permitted as a
 1468  prescription drug manufacturer under this part for research and
 1469  development or to a holder of a letter of exemption issued by
 1470  the department under s. 499.03(4) for research, teaching, or
 1471  testing. The department shall define “limited quantities” by
 1472  rule and may include the allowable number of transactions within
 1473  a given period of time and the amounts of prescription drugs
 1474  distributed into the state for purposes of this exemption.
 1475         1. Any distributor claiming exemption from permitting
 1476  requirements pursuant to this paragraph shall maintain a
 1477  license, permit, or registration to engage in the wholesale
 1478  distribution of prescription drugs under the laws of the state
 1479  from which the product is distributed. If the state from which
 1480  the prescription drugs are distributed does not require a
 1481  license to engage in the wholesale distribution of prescription
 1482  drugs, the distributor must be licensed as a wholesale
 1483  distributor as required by the federal act.
 1484         2. All purchasers and recipients of any prescription drugs
 1485  distributed pursuant to this paragraph shall ensure that the
 1486  products are not resold or used, directly or indirectly, on
 1487  humans except in lawful clinical trials and biostudies
 1488  authorized and regulated by federal law.
 1489         3. Any distributor claiming exemption from permitting
 1490  requirements pursuant to this paragraph, and the purchaser and
 1491  recipient of the prescription drug, shall comply with the
 1492  recordkeeping requirements of s. 499.0121(6), but not the
 1493  requirements of s. 499.01212.
 1494         4. The immediate package or container of any active
 1495  pharmaceutical ingredient distributed into the state that is
 1496  intended for teaching, testing, research, and development shall
 1497  bear a label prominently displaying the statement: “Caution:
 1498  Research, Teaching, or Testing Only – Not for Manufacturing,
 1499  Compounding, or Resale.”
 1500         (c) An out-of-state prescription drug wholesale distributor
 1501  permit is not required for an intracompany sale or transfer of a
 1502  prescription drug from an out-of-state establishment that is
 1503  duly licensed as a prescription drug wholesale distributor in
 1504  its state of residence to a licensed prescription drug wholesale
 1505  distributor in this state, if both wholesale distributors
 1506  conduct wholesale distributions of prescription drugs under the
 1507  same business name. The recordkeeping requirements of s. ss.
 1508  499.0121(6) and 499.01212 must be followed for such
 1509  transactions.
 1510         (d) Persons receiving prescription drugs from a source
 1511  claimed to be exempt from permitting requirements under this
 1512  subsection shall maintain on file:
 1513         1. A record of the FDA establishment registration number,
 1514  if any;
 1515         2. The resident state or federal license, registration, or
 1516  permit that authorizes the source to distribute prescription
 1517  drugs drug wholesale distribution license, permit, or
 1518  registration number; and
 1519         3. A copy of the most recent resident state or FDA
 1520  inspection report, for all distributors and establishments from
 1521  whom they purchase or receive prescription drugs under this
 1522  subsection.
 1523         (e) All persons claiming exemption from permitting
 1524  requirements pursuant to this subsection who engage in the
 1525  distribution of prescription drugs within or into the state are
 1526  subject to this part, including ss. 499.005 and 499.0051, and
 1527  shall make available, within 48 hours, to the department on
 1528  request all records related to any prescription drugs
 1529  distributed under this subsection, including those records
 1530  described in s. 499.051(4), regardless of the location where the
 1531  records are stored.
 1532         (f) A person purchasing and receiving a prescription drug
 1533  from a person claimed to be exempt from licensing requirements
 1534  pursuant to this subsection shall report to the department in
 1535  writing within 14 days after receiving any product that is
 1536  misbranded or adulterated or that fails to meet minimum
 1537  standards set forth in the official compendium or state or
 1538  federal good manufacturing practices for identity, purity,
 1539  potency, or sterility, regardless of whether the product is
 1540  thereafter rehabilitated, quarantined, returned, or destroyed.
 1541         (g) The department may adopt rules to administer this
 1542  subsection which are necessary for the protection of the public
 1543  health, safety, and welfare. Failure to comply with the
 1544  requirements of this subsection, or rules adopted by the
 1545  department to administer this subsection, is a violation of s.
 1546  499.005(14), and a knowing failure is a violation of s.
 1547  499.0051(3) 499.0051(4).
 1548         (h) This subsection does not relieve any person from any
 1549  requirement prescribed by law with respect to controlled
 1550  substances as defined in the applicable federal and state laws.
 1551         (5) A prescription drug repackager permit issued under this
 1552  part is not required for a restricted prescription drug
 1553  distributor permitholder that is a health care entity to
 1554  repackage prescription drugs in this state for its own use or
 1555  for distribution to hospitals or other health care entities in
 1556  the state for their own use, pursuant to s. 499.003(48)(a)3.
 1557  499.003(53)(a)3., if:
 1558         (a) The prescription drug distributor notifies the
 1559  department, in writing, of its intention to engage in
 1560  repackaging under this exemption, 30 days before engaging in the
 1561  repackaging of prescription drugs at the permitted
 1562  establishment;
 1563         (b) The prescription drug distributor is under common
 1564  control with the hospitals or other health care entities to
 1565  which the prescription drug distributor is distributing
 1566  prescription drugs. As used in this paragraph, “common control”
 1567  means the power to direct or cause the direction of the
 1568  management and policies of a person or an organization, whether
 1569  by ownership of stock, voting rights, contract, or otherwise;
 1570         (c) The prescription drug distributor repackages the
 1571  prescription drugs in accordance with current state and federal
 1572  good manufacturing practices; and
 1573         (d) The prescription drug distributor labels the
 1574  prescription drug it repackages in accordance with state and
 1575  federal laws and rules.
 1576  
 1577  The prescription drug distributor is exempt from the product
 1578  registration requirements of s. 499.015 with regard to the
 1579  prescription drugs that it repackages and distributes under this
 1580  subsection. A prescription drug distributor that repackages and
 1581  distributes prescription drugs under this subsection to a not
 1582  for-profit rural hospital, as defined in s. 395.602, is not
 1583  required to comply with paragraph (c) or paragraph (d), but must
 1584  provide to each health care entity for which it repackages, for
 1585  each prescription drug that is repackaged and distributed, the
 1586  information required by department rule for labeling
 1587  prescription drugs. The prescription drug distributor shall also
 1588  provide the additional current packaging and label information
 1589  for the prescription drug by hard copy or by electronic means.
 1590         Section 6. Section 499.012, Florida Statutes, is amended to
 1591  read:
 1592         499.012 Permit application requirements.—
 1593         (1)(a) A permit issued pursuant to this part may be issued
 1594  only to a natural person who is at least 18 years of age or to
 1595  an applicant that is not a natural person if each person who,
 1596  directly or indirectly, manages, controls, or oversees the
 1597  operation of that applicant is at least 18 years of age.
 1598         (b) An establishment that is a place of residence may not
 1599  receive a permit and may not operate under this part.
 1600         (c) A person that applies for or renews a permit to
 1601  manufacture or distribute prescription drugs may not use a name
 1602  identical to the name used by any other establishment or
 1603  licensed person authorized to purchase prescription drugs in
 1604  this state, except that a restricted drug distributor permit
 1605  issued to a health care entity will be issued in the name in
 1606  which the institutional pharmacy permit is issued and a retail
 1607  pharmacy drug wholesale distributor will be issued a permit in
 1608  the name of its retail pharmacy permit.
 1609         (d) A permit for a prescription drug manufacturer,
 1610  prescription drug repackager, prescription drug wholesale
 1611  distributor, limited prescription drug veterinary wholesale
 1612  distributor, or retail pharmacy drug wholesale distributor may
 1613  not be issued to the address of a health care entity or to a
 1614  pharmacy licensed under chapter 465, except as provided in this
 1615  paragraph. The department may issue a prescription drug
 1616  manufacturer permit to an applicant at the same address as a
 1617  licensed nuclear pharmacy, which is a health care entity, even
 1618  if the nuclear pharmacy holds a special sterile compounding
 1619  permit under chapter 465, for the purpose of manufacturing
 1620  prescription drugs used in positron emission tomography or other
 1621  radiopharmaceuticals, as listed in a rule adopted by the
 1622  department pursuant to this paragraph. The purpose of this
 1623  exemption is to assure availability of state-of-the-art
 1624  pharmaceuticals that would pose a significant danger to the
 1625  public health if manufactured at a separate establishment
 1626  address from the nuclear pharmacy from which the prescription
 1627  drugs are dispensed. The department may also issue a retail
 1628  pharmacy drug wholesale distributor permit to the address of a
 1629  community pharmacy licensed under chapter 465, even if the
 1630  community pharmacy holds a special sterile compounding permit
 1631  under chapter 465, as long as the community pharmacy which does
 1632  not meet the definition of a closed pharmacy in s. 499.003.
 1633         (e) A county or municipality may not issue an occupational
 1634  license for any licensing period beginning on or after October
 1635  1, 2003, for any establishment that requires a permit pursuant
 1636  to this part, unless the establishment exhibits a current permit
 1637  issued by the department for the establishment. Upon
 1638  presentation of the requisite permit issued by the department,
 1639  an occupational license may be issued by the municipality or
 1640  county in which application is made. The department shall
 1641  furnish to local agencies responsible for issuing occupational
 1642  licenses a current list of all establishments licensed pursuant
 1643  to this part.
 1644         (2) Notwithstanding subsection (6), a permitted person in
 1645  good standing may change the type of permit issued to that
 1646  person by completing a new application for the requested permit,
 1647  paying the amount of the difference in the permit fees if the
 1648  fee for the new permit is more than the fee for the original
 1649  permit, and meeting the applicable permitting conditions for the
 1650  new permit type. The new permit expires on the expiration date
 1651  of the original permit being changed; however, a new permit for
 1652  a prescription drug wholesale distributor, an out-of-state
 1653  prescription drug wholesale distributor, or a retail pharmacy
 1654  drug wholesale distributor shall expire on the expiration date
 1655  of the original permit or 1 year after the date of issuance of
 1656  the new permit, whichever is earlier. A refund may not be issued
 1657  if the fee for the new permit is less than the fee that was paid
 1658  for the original permit.
 1659         (3)(a) A written application for a permit or to renew a
 1660  permit must be filed with the department on forms furnished by
 1661  the department. The department shall establish, by rule, the
 1662  form and content of the application to obtain or renew a permit.
 1663  The applicant must submit to the department with the application
 1664  a statement that swears or affirms that the information is true
 1665  and correct.
 1666         (b)Upon a determination that 2 years have elapsed since
 1667  the department notified an applicant for permit, certification,
 1668  or product registration of a deficiency in the application and
 1669  that the applicant has failed to cure the deficiency, the
 1670  application shall expire. The determination regarding the 2-year
 1671  lapse of time shall be based on documentation that the
 1672  department notified the applicant of the deficiency in
 1673  accordance with s. 120.60.
 1674         (c)Information submitted by an applicant on an application
 1675  required pursuant to this subsection which is a trade secret, as
 1676  defined in s. 812.081, shall be maintained by the department as
 1677  trade secret information pursuant to s. 499.051(7).
 1678         (4)(a) Except for a permit for a prescription drug
 1679  wholesale distributor or an out-of-state prescription drug
 1680  wholesale distributor, an application for a permit must include:
 1681         1. The name, full business address, and telephone number of
 1682  the applicant;
 1683         2. All trade or business names used by the applicant;
 1684         3. The address, telephone numbers, and the names of contact
 1685  persons for each facility used by the applicant for the storage,
 1686  handling, and distribution of prescription drugs;
 1687         4. The type of ownership or operation, such as a
 1688  partnership, corporation, or sole proprietorship; and
 1689         5. The names of the owner and the operator of the
 1690  establishment, including:
 1691         a. If an individual, the name of the individual;
 1692         b. If a partnership, the name of each partner and the name
 1693  of the partnership;
 1694         c. If a corporation, the name and title of each corporate
 1695  officer and director, the corporate names, and the name of the
 1696  state of incorporation;
 1697         d. If a sole proprietorship, the full name of the sole
 1698  proprietor and the name of the business entity;
 1699         e. If a limited liability company, the name of each member,
 1700  the name of each manager, the name of the limited liability
 1701  company, and the name of the state in which the limited
 1702  liability company was organized; and
 1703         f. Any other relevant information that the department
 1704  requires.
 1705         (b) Upon approval of the application by the department and
 1706  payment of the required fee, the department shall issue a permit
 1707  to the applicant, if the applicant meets the requirements of
 1708  this part and rules adopted under this part.
 1709         (c) Any change in information required under paragraph (a)
 1710  must be submitted to the department before the change occurs.
 1711         (d) The department shall consider, at a minimum, the
 1712  following factors in reviewing the qualifications of persons to
 1713  be permitted under this part:
 1714         1. The applicant’s having been found guilty, regardless of
 1715  adjudication, in a court of this state or other jurisdiction, of
 1716  a violation of a law that directly relates to a drug, device, or
 1717  cosmetic. A plea of nolo contendere constitutes a finding of
 1718  guilt for purposes of this subparagraph.
 1719         2. The applicant’s having been disciplined by a regulatory
 1720  agency in any state for any offense that would constitute a
 1721  violation of this part.
 1722         3. Any felony conviction of the applicant under a federal,
 1723  state, or local law;
 1724         4. The applicant’s past experience in manufacturing or
 1725  distributing drugs, devices, or cosmetics;
 1726         5. The furnishing by the applicant of false or fraudulent
 1727  material in any application made in connection with
 1728  manufacturing or distributing drugs, devices, or cosmetics;
 1729         6. Suspension or revocation by a federal, state, or local
 1730  government of any permit currently or previously held by the
 1731  applicant for the manufacture or distribution of any drugs,
 1732  devices, or cosmetics;
 1733         7. Compliance with permitting requirements under any
 1734  previously granted permits;
 1735         8. Compliance with requirements to maintain or make
 1736  available to the state permitting authority or to federal,
 1737  state, or local law enforcement officials those records required
 1738  under this section; and
 1739         9. Any other factors or qualifications the department
 1740  considers relevant to and consistent with the public health and
 1741  safety.
 1742         (5) Except for a permit for a prescription drug wholesale
 1743  distributor or an out-of-state prescription drug wholesale
 1744  distributor:
 1745         (a) The department shall adopt rules for the biennial
 1746  renewal of permits; however, the department may issue up to a 4
 1747  year permit to selected permittees notwithstanding any other
 1748  provision of law. Fees for such renewal may not exceed the fee
 1749  caps set forth in s. 499.041 on an annualized basis as
 1750  authorized by law.
 1751         (b) The department shall renew a permit upon receipt of the
 1752  renewal application and renewal fee if the applicant meets the
 1753  requirements established under this part and the rules adopted
 1754  under this part.
 1755         (c) At least 90 days before the expiration date of a
 1756  permit, the department shall forward a permit renewal
 1757  notification to the permittee at the mailing address of the
 1758  permitted establishment on file with the department. The permit
 1759  renewal notification must state conspicuously the date on which
 1760  the permit for the establishment will expire and that the
 1761  establishment may not operate unless the permit for the
 1762  establishment is renewed timely. A permit, unless sooner
 1763  suspended or revoked, automatically expires 2 years after the
 1764  last day of the anniversary month in which the permit was
 1765  originally issued.
 1766         (d) A permit issued under this part may be renewed by
 1767  making application for renewal on forms furnished by the
 1768  department and paying the appropriate fees.
 1769         1.If a prescription drug wholesale distributor or an out
 1770  of-state prescription drug wholesale distributor renewal
 1771  application and fee are submitted and postmarked later than 45
 1772  days before the expiration date of the permit, the permit may be
 1773  renewed only upon payment of a late renewal fee of $100, plus
 1774  the required renewal fee.
 1775         2. If any other a renewal application and fee are submitted
 1776  and postmarked after the expiration date of the permit, the
 1777  permit may be renewed only upon payment of a late renewal
 1778  delinquent fee of $100, plus the required renewal fee, not later
 1779  than 60 days after the expiration date.
 1780         3.A permittee who submits a renewal application in
 1781  accordance with this paragraph may continue to operate under its
 1782  permit, unless the permit is suspended or revoked, until final
 1783  disposition of the renewal application.
 1784         4.(d) Failure to renew a permit in accordance with this
 1785  section precludes any future renewal of that permit. If a permit
 1786  issued pursuant to this part has expired and cannot be renewed,
 1787  before an establishment may engage in activities that require a
 1788  permit under this part, the establishment must submit an
 1789  application for a new permit, pay the applicable application
 1790  fee, the initial permit fee, and all applicable penalties, and
 1791  be issued a new permit by the department.
 1792         (6) A permit issued by the department is nontransferable.
 1793  Each permit is valid only for the person or governmental unit to
 1794  which it is issued and is not subject to sale, assignment, or
 1795  other transfer, voluntarily or involuntarily; nor is a permit
 1796  valid for any establishment other than the establishment for
 1797  which it was originally issued.
 1798         (a) A person permitted under this part must notify the
 1799  department before making a change of address. The department
 1800  shall set a change of location fee not to exceed $100.
 1801         (b)1. An application for a new permit is required when a
 1802  majority of the ownership or controlling interest of a permitted
 1803  establishment is transferred or assigned or when a lessee agrees
 1804  to undertake or provide services to the extent that legal
 1805  liability for operation of the establishment will rest with the
 1806  lessee. The application for the new permit must be made before
 1807  the date of the sale, transfer, assignment, or lease.
 1808         2. A permittee that is authorized to distribute
 1809  prescription drugs may transfer such drugs to the new owner or
 1810  lessee under subparagraph 1. only after the new owner or lessee
 1811  has been approved for a permit to distribute prescription drugs.
 1812         (c) If an establishment permitted under this part closes,
 1813  the owner must notify the department in writing before the
 1814  effective date of closure and must:
 1815         1. Return the permit to the department;
 1816         2. If the permittee is authorized to distribute
 1817  prescription drugs, indicate the disposition of such drugs,
 1818  including the name, address, and inventory, and provide the name
 1819  and address of a person to contact regarding access to records
 1820  that are required to be maintained under this part. Transfer of
 1821  ownership of prescription drugs may be made only to persons
 1822  authorized to possess prescription drugs under this part.
 1823  
 1824  The department may revoke the permit of any person that fails to
 1825  comply with the requirements of this subsection.
 1826         (7) A permit must be posted in a conspicuous place on the
 1827  licensed premises.
 1828         (8) An application for a permit or to renew a permit for a
 1829  prescription drug wholesale distributor or an out-of-state
 1830  prescription drug wholesale distributor submitted to the
 1831  department must include:
 1832         (a) The name, full business address, and telephone number
 1833  of the applicant.
 1834         (b) All trade or business names used by the applicant.
 1835         (c) The address, telephone numbers, and the names of
 1836  contact persons for each facility used by the applicant for the
 1837  storage, handling, and distribution of prescription drugs.
 1838         (d) The type of ownership or operation, such as a
 1839  partnership, corporation, or sole proprietorship.
 1840         (e) The names of the owner and the operator of the
 1841  establishment, including:
 1842         1. If an individual, the name of the individual.
 1843         2. If a partnership, the name of each partner and the name
 1844  of the partnership.
 1845         3. If a corporation:
 1846         a. The name, address, and title of each corporate officer
 1847  and director.
 1848         b. The name and address of the corporation, resident agent
 1849  of the corporation, the resident agent’s address, and the
 1850  corporation’s state of incorporation.
 1851         c. The name and address of each shareholder of the
 1852  corporation that owns 5 percent or more of the outstanding stock
 1853  of the corporation.
 1854         4. If a sole proprietorship, the full name of the sole
 1855  proprietor and the name of the business entity.
 1856         5. If a limited liability company:
 1857         a. The name and address of each member.
 1858         b. The name and address of each manager.
 1859         c. The name and address of the limited liability company,
 1860  the resident agent of the limited liability company, and the
 1861  name of the state in which the limited liability company was
 1862  organized.
 1863         (f) If applicable, the name and address of each affiliate
 1864  of member of the affiliated group of which the applicant is a
 1865  member.
 1866         (g)1.The applicant’s gross annual receipts attributable to
 1867  prescription drug wholesale distribution activities for the
 1868  previous tax year. For an application for a new permit, the
 1869  estimated annual dollar volume of prescription drug sales of the
 1870  applicant, the estimated annual percentage of the applicant’s
 1871  total company sales that are prescription drugs, the applicant’s
 1872  estimated annual total dollar volume of purchases of
 1873  prescription drugs, and the applicant’s estimated annual total
 1874  dollar volume of prescription drug purchases directly from
 1875  manufacturers.
 1876         2.For an application to renew a permit, the total dollar
 1877  volume of prescription drug sales in the previous year, the
 1878  total dollar volume of prescription drug sales made in the
 1879  previous 6 months, the percentage of total company sales that
 1880  were prescription drugs in the previous year, the total dollar
 1881  volume of purchases of prescription drugs in the previous year,
 1882  and the total dollar volume of prescription drug purchases
 1883  directly from manufacturers in the previous year.
 1884  
 1885  Such portions of the information required pursuant to this
 1886  paragraph which are a trade secret, as defined in s. 812.081,
 1887  shall be maintained by the department as trade secret
 1888  information is required to be maintained under s. 499.051.
 1889         (h) The tax year of the applicant.
 1890         (i) A copy of the deed for the property on which
 1891  applicant’s establishment is located, if the establishment is
 1892  owned by the applicant, or a copy of the applicant’s lease for
 1893  the property on which applicant’s establishment is located that
 1894  has an original term of not less than 1 calendar year, if the
 1895  establishment is not owned by the applicant.
 1896         (j) A list of all licenses and permits issued to the
 1897  applicant by any other state which authorize the applicant to
 1898  purchase or possess prescription drugs.
 1899         (k) The name of the manager of the establishment that is
 1900  applying for the permit or to renew the permit, the next four
 1901  highest ranking employees responsible for prescription drug
 1902  wholesale operations for the establishment, and the name of all
 1903  affiliated parties for the establishment, together with the
 1904  personal information statement and fingerprints required
 1905  pursuant to subsection (9) for each of such persons.
 1906         (l) The name of each of the applicant’s designated
 1907  representatives as required by subsection (15) (16), together
 1908  with the personal information statement and fingerprints
 1909  required pursuant to subsection (9) for each such person.
 1910         (m) Evidence of a surety bond in this state or any other
 1911  state in the United States in the amount of $100,000. If the
 1912  annual gross receipts of the applicant’s previous tax year is
 1913  $10 million or less, evidence of a surety bond in the amount of
 1914  $25,000. The specific language of the surety bond must include
 1915  the State of Florida as a beneficiary, payable to the
 1916  Professional Regulation Trust Fund. In lieu of the surety bond,
 1917  the applicant may provide other equivalent security such as an
 1918  irrevocable letter of credit or a deposit in a trust account or
 1919  financial institution payable to the Professional Regulation
 1920  Trust Fund. The purpose of the bond or other security is to
 1921  secure payment of any administrative penalties imposed by the
 1922  department and any fees and costs incurred by the department
 1923  regarding that permit which are authorized under state law and
 1924  which the permittee fails to pay 30 days after the fine or costs
 1925  become final. The department may make a claim against such bond
 1926  or security until 1 year after the permittee’s license ceases to
 1927  be valid or until 60 days after any administrative or legal
 1928  proceeding authorized in this part which involves the permittee
 1929  is concluded, including any appeal, whichever occurs later. For
 1930  an applicant that is a secondary wholesale distributor, each of
 1931  the following:
 1932         1.A personal background information statement containing
 1933  the background information and fingerprints required pursuant to
 1934  subsection (9) for each person named in the applicant’s response
 1935  to paragraphs (k) and (l) and for each affiliated party of the
 1936  applicant.
 1937         2.If any of the five largest shareholders of the
 1938  corporation seeking the permit is a corporation, the name,
 1939  address, and title of each corporate officer and director of
 1940  each such corporation; the name and address of such corporation;
 1941  the name of such corporation’s resident agent, such
 1942  corporation’s resident agent’s address, and such corporation’s
 1943  state of its incorporation; and the name and address of each
 1944  shareholder of such corporation that owns 5 percent or more of
 1945  the stock of such corporation.
 1946         3.The name and address of all financial institutions in
 1947  which the applicant has an account which is used to pay for the
 1948  operation of the establishment or to pay for drugs purchased for
 1949  the establishment, together with the names of all persons that
 1950  are authorized signatories on such accounts. The portions of the
 1951  information required pursuant to this subparagraph which are a
 1952  trade secret, as defined in s. 812.081, shall be maintained by
 1953  the department as trade secret information is required to be
 1954  maintained under s. 499.051.
 1955         4.The sources of all funds and the amounts of such funds
 1956  used to purchase or finance purchases of prescription drugs or
 1957  to finance the premises on which the establishment is to be
 1958  located.
 1959         5.If any of the funds identified in subparagraph 4. were
 1960  borrowed, copies of all promissory notes or loans used to obtain
 1961  such funds.
 1962         (n)For establishments used in wholesale distribution,
 1963  proof of an inspection conducted by the department, the United
 1964  States Food and Drug Administration, or another governmental
 1965  entity charged with the regulation of good manufacturing
 1966  practices related to wholesale distribution of prescription
 1967  drugs, within timeframes set forth by the department in
 1968  departmental rules, which demonstrates substantial compliance
 1969  with current good manufacturing practices applicable to
 1970  wholesale distribution of prescription drugs. The department may
 1971  recognize another state’s inspection of a wholesale distributor
 1972  located in that state if such state’s laws are deemed to be
 1973  substantially equivalent to the law of this state by the
 1974  department. The department may accept an inspection by a third
 1975  party accreditation or inspection service which meets the
 1976  criteria set forth in department rule.
 1977         (o)(n) Any other relevant information that the department
 1978  requires, including, but not limited to, any information related
 1979  to whether the applicant satisfies the definition of a primary
 1980  wholesale distributor or a secondary wholesale distributor.
 1981         (p)(o) Documentation of the credentialing policies and
 1982  procedures required by s. 499.0121(15).
 1983         (9)(a) Each person required by subsection (8) or subsection
 1984  (15) to provide a personal information statement and
 1985  fingerprints shall provide the following information to the
 1986  department on forms prescribed by the department:
 1987         1. The person’s places of residence for the past 7 years.
 1988         2. The person’s date and place of birth.
 1989         3. The person’s occupations, positions of employment, and
 1990  offices held during the past 7 years.
 1991         4. The principal business and address of any business,
 1992  corporation, or other organization in which each such office of
 1993  the person was held or in which each such occupation or position
 1994  of employment was carried on.
 1995         5. Whether the person has been, during the past 7 years,
 1996  the subject of any proceeding for the revocation of any license
 1997  and, if so, the nature of the proceeding and the disposition of
 1998  the proceeding.
 1999         6. Whether, during the past 7 years, the person has been
 2000  enjoined, temporarily or permanently, by a court of competent
 2001  jurisdiction from violating any federal or state law regulating
 2002  the possession, control, or distribution of prescription drugs,
 2003  together with details concerning any such event.
 2004         7. A description of any involvement by the person with any
 2005  business, including any investments, other than the ownership of
 2006  stock in a publicly traded company or mutual fund, during the
 2007  past 4 7 years, which manufactured, administered, prescribed,
 2008  distributed, or stored pharmaceutical products and any lawsuits
 2009  in which such businesses were named as a party.
 2010         8. A description of any felony criminal offense of which
 2011  the person, as an adult, was found guilty, regardless of whether
 2012  adjudication of guilt was withheld or whether the person pled
 2013  guilty or nolo contendere. A criminal offense committed in
 2014  another jurisdiction which would have been a felony in this
 2015  state must be reported. If the person indicates that a criminal
 2016  conviction is under appeal and submits a copy of the notice of
 2017  appeal of that criminal offense, the applicant must, within 15
 2018  days after the disposition of the appeal, submit to the
 2019  department a copy of the final written order of disposition.
 2020         9. A photograph of the person taken in the previous 180 30
 2021  days.
 2022         10. A set of fingerprints for the person on a form and
 2023  under procedures specified by the department, together with
 2024  payment of an amount equal to the costs incurred by the
 2025  department for the criminal record check of the person.
 2026         11. The name, address, occupation, and date and place of
 2027  birth for each member of the person’s immediate family who is 18
 2028  years of age or older. As used in this subparagraph, the term
 2029  “member of the person’s immediate family” includes the person’s
 2030  spouse, children, parents, siblings, the spouses of the person’s
 2031  children, and the spouses of the person’s siblings.
 2032         12. Any other relevant information that the department
 2033  requires.
 2034         (b) The information required pursuant to paragraph (a)
 2035  shall be provided under oath.
 2036         (c) The department shall submit the fingerprints provided
 2037  by a person for initial licensure to the Department of Law
 2038  Enforcement for a statewide criminal record check and for
 2039  forwarding to the Federal Bureau of Investigation for a national
 2040  criminal record check of the person. The department shall submit
 2041  the fingerprints provided by a person as a part of a renewal
 2042  application to the Department of Law Enforcement for a statewide
 2043  criminal record check, and for forwarding to the Federal Bureau
 2044  of Investigation for a national criminal record check, for the
 2045  initial renewal of a permit after January 1, 2004; for any
 2046  subsequent renewal of a permit, the department shall submit the
 2047  required information for a statewide and national criminal
 2048  record check of the person. Any person who as a part of an
 2049  initial permit application or initial permit renewal after
 2050  January 1, 2004, submits to the department a set of fingerprints
 2051  required for the criminal record check required in this
 2052  paragraph are shall not be required to provide a subsequent set
 2053  of fingerprints for a criminal record check to the department,
 2054  if the person has undergone a criminal record check as a
 2055  condition of the issuance of an initial permit or the initial
 2056  renewal of a permit of an applicant after January 1, 2004. The
 2057  department is authorized to contract with private vendors, or
 2058  enter into interagency agreements, to collect electronic
 2059  fingerprints where fingerprints are required for registration,
 2060  certification, or the licensure process or where criminal
 2061  history record checks are required.
 2062         (d)For purposes of applying for renewal of a permit under
 2063  subsection (8) or certification under subsection (16), a person
 2064  may submit the following in lieu of satisfying the requirements
 2065  of paragraphs (a), (b), and (c):
 2066         1.A photograph of the individual taken within 180 days;
 2067  and
 2068         2.A copy of the personal information statement form most
 2069  recently submitted to the department and a certification under
 2070  oath, on a form specified by the department, that the individual
 2071  has reviewed the previously submitted personal information
 2072  statement form and that the information contained therein
 2073  remains unchanged.
 2074         (10) The department may deny an application for a permit or
 2075  refuse to renew a permit for a prescription drug wholesale
 2076  distributor or an out-of-state prescription drug wholesale
 2077  distributor if:
 2078         (a) The applicant has not met the requirements for the
 2079  permit.
 2080         (b) The management, officers, or directors of the applicant
 2081  or any affiliated party are found by the department to be
 2082  incompetent or untrustworthy.
 2083         (c) The applicant is so lacking in experience in managing a
 2084  wholesale distributor as to make the issuance of the proposed
 2085  permit hazardous to the public health.
 2086         (d) The applicant is so lacking in experience in managing a
 2087  wholesale distributor as to jeopardize the reasonable promise of
 2088  successful operation of the wholesale distributor.
 2089         (e) The applicant is lacking in experience in the
 2090  distribution of prescription drugs.
 2091         (f) The applicant’s past experience in manufacturing or
 2092  distributing prescription drugs indicates that the applicant
 2093  poses a public health risk.
 2094         (g) The applicant is affiliated directly or indirectly
 2095  through ownership, control, or other business relations, with
 2096  any person or persons whose business operations are or have been
 2097  detrimental to the public health.
 2098         (h) The applicant, or any affiliated party, has been found
 2099  guilty of or has pleaded guilty or nolo contendere to any felony
 2100  or crime punishable by imprisonment for 1 year or more under the
 2101  laws of the United States, any state, or any other country,
 2102  regardless of whether adjudication of guilt was withheld.
 2103         (i) The applicant or any affiliated party has been charged
 2104  with a felony in a state or federal court and the disposition of
 2105  that charge is pending during the application review or renewal
 2106  review period.
 2107         (j) The applicant has furnished false or fraudulent
 2108  information or material in any application made in this state or
 2109  any other state in connection with obtaining a permit or license
 2110  to manufacture or distribute drugs, devices, or cosmetics.
 2111         (k) That a federal, state, or local government permit
 2112  currently or previously held by the applicant, or any affiliated
 2113  party, for the manufacture or distribution of any drugs,
 2114  devices, or cosmetics has been disciplined, suspended, or
 2115  revoked and has not been reinstated.
 2116         (l) The applicant does not possess the financial or
 2117  physical resources to operate in compliance with the permit
 2118  being sought, this chapter, and the rules adopted under this
 2119  chapter.
 2120         (m) The applicant or any affiliated party receives,
 2121  directly or indirectly, financial support and assistance from a
 2122  person who was an affiliated party of a permittee whose permit
 2123  was subject to discipline or was suspended or revoked, other
 2124  than through the ownership of stock in a publicly traded company
 2125  or a mutual fund.
 2126         (n) The applicant or any affiliated party receives,
 2127  directly or indirectly, financial support and assistance from a
 2128  person who has been found guilty of any violation of this part
 2129  or chapter 465, chapter 501, or chapter 893, any rules adopted
 2130  under this part or those chapters, any federal or state drug
 2131  law, or any felony where the underlying facts related to drugs,
 2132  regardless of whether the person has been pardoned, had her or
 2133  his civil rights restored, or had adjudication withheld, other
 2134  than through the ownership of stock in a publicly traded company
 2135  or a mutual fund.
 2136         (o) The applicant for renewal of a permit under s.
 2137  499.01(2)(e) or (f) 499.01(2)(d) or (e) has not actively engaged
 2138  in the wholesale distribution of prescription drugs, as
 2139  demonstrated by the regular and systematic distribution of
 2140  prescription drugs throughout the year as evidenced by not fewer
 2141  than 12 wholesale distributions in the previous year and not
 2142  fewer than three wholesale distributions in the previous 6
 2143  months.
 2144         (p) Information obtained in response to s. 499.01(2)(e) or
 2145  (f) 499.01(2)(d) or (e) demonstrates it would not be in the best
 2146  interest of the public health, safety, and welfare to issue a
 2147  permit.
 2148         (q) The applicant does not possess the financial standing
 2149  and business experience for the successful operation of the
 2150  applicant.
 2151         (r) The applicant or any affiliated party has failed to
 2152  comply with the requirements for manufacturing or distributing
 2153  prescription drugs under this part, similar federal laws,
 2154  similar laws in other states, or the rules adopted under such
 2155  laws.
 2156         (11) Upon approval of the application by the department and
 2157  payment of the required fee, the department shall issue or renew
 2158  a prescription drug wholesale distributor or an out-of-state
 2159  prescription drug wholesale distributor permit to the applicant.
 2160         (12)For a permit for a prescription drug wholesale
 2161  distributor or an out-of-state prescription drug wholesale
 2162  distributor:
 2163         (a)The department shall adopt rules for the annual renewal
 2164  of permits. At least 90 days before the expiration of a permit,
 2165  the department shall forward a permit renewal notification and
 2166  renewal application to the prescription drug wholesale
 2167  distributor or out-of-state prescription drug wholesale
 2168  distributor at the mailing address of the permitted
 2169  establishment on file with the department. The permit renewal
 2170  notification must state conspicuously the date on which the
 2171  permit for the establishment will expire and that the
 2172  establishment may not operate unless the permit for the
 2173  establishment is renewed timely.
 2174         (b)A permit, unless sooner suspended or revoked,
 2175  automatically expires 1 year after the last day of the
 2176  anniversary month in which the permit was originally issued. A
 2177  permit may be renewed by making application for renewal on forms
 2178  furnished by the department and paying the appropriate fees. If
 2179  a renewal application and fee are submitted and postmarked after
 2180  45 days prior to the expiration date of the permit, the permit
 2181  may be renewed only upon payment of a late renewal fee of $100,
 2182  plus the required renewal fee. A permittee that has submitted a
 2183  renewal application in accordance with this paragraph may
 2184  continue to operate under its permit, unless the permit is
 2185  suspended or revoked, until final disposition of the renewal
 2186  application.
 2187         (c)Failure to renew a permit in accordance with this
 2188  section precludes any future renewal of that permit. If a permit
 2189  issued pursuant to this section has expired and cannot be
 2190  renewed, before an establishment may engage in activities that
 2191  require a permit under this part, the establishment must submit
 2192  an application for a new permit; pay the applicable application
 2193  fee, initial permit fee, and all applicable penalties; and be
 2194  issued a new permit by the department.
 2195         (12)(13) A person that engages in wholesale distribution of
 2196  prescription drugs in this state must have a wholesale
 2197  distributor’s permit issued by the department, except as noted
 2198  in this section. Each establishment must be separately permitted
 2199  except as noted in this subsection.
 2200         (a) A separate establishment permit is not required when a
 2201  permitted prescription drug wholesale distributor consigns a
 2202  prescription drug to a pharmacy that is permitted under chapter
 2203  465 and located in this state, provided that:
 2204         1. The consignor wholesale distributor notifies the
 2205  department in writing of the contract to consign prescription
 2206  drugs to a pharmacy along with the identity and location of each
 2207  consignee pharmacy;
 2208         2. The pharmacy maintains its permit under chapter 465;
 2209         3. The consignor wholesale distributor, which has no legal
 2210  authority to dispense prescription drugs, complies with all
 2211  wholesale distribution requirements of s. ss. 499.0121 and
 2212  499.01212 with respect to the consigned drugs and maintains
 2213  records documenting the transfer of title or other completion of
 2214  the wholesale distribution of the consigned prescription drugs;
 2215         4. The distribution of the prescription drug is otherwise
 2216  lawful under this chapter and other applicable law;
 2217         5. Open packages containing prescription drugs within a
 2218  pharmacy are the responsibility of the pharmacy, regardless of
 2219  how the drugs are titled; and
 2220         6. The pharmacy dispenses the consigned prescription drug
 2221  in accordance with the limitations of its permit under chapter
 2222  465 or returns the consigned prescription drug to the consignor
 2223  wholesale distributor. In addition, a person who holds title to
 2224  prescription drugs may transfer the drugs to a person permitted
 2225  or licensed to handle the reverse distribution or destruction of
 2226  drugs. Any other distribution by and means of the consigned
 2227  prescription drug by any person, not limited to the consignor
 2228  wholesale distributor or consignee pharmacy, to any other person
 2229  is prohibited.
 2230         (b) A wholesale distributor’s permit is not required for
 2231  the one-time transfer of title of a pharmacy’s lawfully acquired
 2232  prescription drug inventory by a pharmacy with a valid permit
 2233  issued under chapter 465 to a consignor prescription drug
 2234  wholesale distributor, permitted under this chapter, in
 2235  accordance with a written consignment agreement between the
 2236  pharmacy and that wholesale distributor if the permitted
 2237  pharmacy and the permitted prescription drug wholesale
 2238  distributor comply with all of the provisions of paragraph (a)
 2239  and the prescription drugs continue to be within the permitted
 2240  pharmacy’s inventory for dispensing in accordance with the
 2241  limitations of the pharmacy permit under chapter 465. A
 2242  consignor drug wholesale distributor may not use the pharmacy as
 2243  a wholesale distributor through which it distributes the
 2244  prescription drugs to other pharmacies. Nothing in this section
 2245  is intended to prevent a wholesale distributor from obtaining
 2246  this inventory in the event of nonpayment by the pharmacy.
 2247         (c) A separate establishment permit is not required when a
 2248  permitted prescription drug wholesale distributor operates
 2249  temporary transit storage facilities for the sole purpose of
 2250  storage, for up to 16 hours, of a delivery of prescription drugs
 2251  when the wholesale distributor was temporarily unable to
 2252  complete the delivery to the recipient.
 2253         (d) The department shall require information from each
 2254  wholesale distributor as part of the permit and renewal of such
 2255  permit, as required under this section.
 2256         (13)(14) Personnel employed in wholesale distribution must
 2257  have appropriate education and experience to enable them to
 2258  perform their duties in compliance with state permitting
 2259  requirements.
 2260         (14)(15) The name of a permittee or establishment on a
 2261  prescription drug wholesale distributor permit or an out-of
 2262  state prescription drug wholesale distributor permit may not
 2263  include any indicia of attainment of any educational degree, any
 2264  indicia that the permittee or establishment possesses a
 2265  professional license, or any name or abbreviation that the
 2266  department determines is likely to cause confusion or mistake or
 2267  that the department determines is deceptive, including that of
 2268  any other entity authorized to purchase prescription drugs.
 2269         (15)(16)(a) Each establishment that is issued an initial or
 2270  renewal permit as a prescription drug wholesale distributor or
 2271  an out-of-state prescription drug wholesale distributor must
 2272  designate in writing to the department at least one natural
 2273  person to serve as the designated representative of the
 2274  wholesale distributor. Such person must have an active
 2275  certification as a designated representative from the
 2276  department.
 2277         (b) To be certified as a designated representative, a
 2278  natural person must:
 2279         1. Submit an application on a form furnished by the
 2280  department and pay the appropriate fees.
 2281         2. Be at least 18 years of age.
 2282         3. Have at least 2 years of verifiable full-time:
 2283         a. Work experience in a pharmacy licensed in this state or
 2284  another state, where the person’s responsibilities included, but
 2285  were not limited to, recordkeeping for prescription drugs;
 2286         b. Managerial experience with a prescription drug wholesale
 2287  distributor licensed in this state or in another state; or
 2288         c. Managerial experience with the United States Armed
 2289  Forces, where the person’s responsibilities included, but were
 2290  not limited to, recordkeeping, warehousing, distributing, or
 2291  other logistics services pertaining to prescription drugs.
 2292         4. Receive a passing score of at least 75 percent on an
 2293  examination given by the department regarding federal laws
 2294  governing distribution of prescription drugs and this part and
 2295  the rules adopted by the department governing the wholesale
 2296  distribution of prescription drugs. This requirement shall be
 2297  effective 1 year after the results of the initial examination
 2298  are mailed to the persons that took the examination. The
 2299  department shall offer such examinations at least four times
 2300  each calendar year.
 2301         5. Provide the department with a personal information
 2302  statement and fingerprints pursuant to subsection (9).
 2303         (c) The department may deny an application for
 2304  certification as a designated representative or may suspend or
 2305  revoke a certification of a designated representative pursuant
 2306  to s. 499.067.
 2307         (d) A designated representative:
 2308         1. Must be actively involved in and aware of the actual
 2309  daily operation of the wholesale distributor.
 2310         2. Must be employed full time in a managerial position by
 2311  the wholesale distributor.
 2312         3. Must be physically present at the establishment during
 2313  normal business hours, except for time periods when absent due
 2314  to illness, family illness or death, scheduled vacation, or
 2315  other authorized absence.
 2316         4. May serve as a designated representative for only one
 2317  wholesale distributor at any one time.
 2318         (e) A wholesale distributor must notify the department when
 2319  a designated representative leaves the employ of the wholesale
 2320  distributor. Such notice must be provided to the department
 2321  within 10 business days after the last day of designated
 2322  representative’s employment with the wholesale distributor.
 2323         (f) A wholesale distributor may not operate under a
 2324  prescription drug wholesale distributor permit or an out-of
 2325  state prescription drug wholesale distributor permit for more
 2326  than 10 business days after the designated representative leaves
 2327  the employ of the wholesale distributor, unless the wholesale
 2328  distributor employs another designated representative and
 2329  notifies the department within 10 business days of the identity
 2330  of the new designated representative.
 2331         Section 7. Section 499.01201, Florida Statutes, is amended
 2332  to read:
 2333         499.01201 Agency for Health Care Administration review and
 2334  use of statute and rule violation or compliance data.
 2335  Notwithstanding any other provision provisions of law to the
 2336  contrary, the Agency for Health Care Administration may not:
 2337         (1) Review or use any violation or alleged violation of s.
 2338  499.0121(6) or s. 499.01212, or any rules adopted under that
 2339  section those sections, as a ground for denying or withholding
 2340  any payment of a Medicaid reimbursement to a pharmacy licensed
 2341  under chapter 465; or
 2342         (2) Review or use compliance with s. 499.0121(6) or s.
 2343  499.01212, or any rules adopted under that section those
 2344  sections, as the subject of any audit of Medicaid-related
 2345  records held by a pharmacy licensed under chapter 465.
 2346         Section 8. Paragraph (d) of subsection (4) and subsection
 2347  (6) of section 499.0121, Florida Statutes, are amended to read:
 2348         499.0121 Storage and handling of prescription drugs;
 2349  recordkeeping.—The department shall adopt rules to implement
 2350  this section as necessary to protect the public health, safety,
 2351  and welfare. Such rules shall include, but not be limited to,
 2352  requirements for the storage and handling of prescription drugs
 2353  and for the establishment and maintenance of prescription drug
 2354  distribution records.
 2355         (4) EXAMINATION OF MATERIALS AND RECORDS.—
 2356         (d) Upon receipt, a wholesale distributor must review
 2357  records required under this section for the acquisition of
 2358  prescription drugs for accuracy and completeness, considering
 2359  the total facts and circumstances surrounding the transactions
 2360  and the wholesale distributors involved. This includes
 2361  authenticating each transaction listed on a pedigree paper, as
 2362  defined in s. 499.003(37).
 2363         (6) RECORDKEEPING.—The department shall adopt rules that
 2364  require keeping such records of prescription drugs, including
 2365  active pharmaceutical ingredients, as are necessary for the
 2366  protection of the public health.
 2367         (a) Wholesale Distributors of prescription drugs and active
 2368  pharmaceutical ingredients must establish and maintain
 2369  inventories and records of all transactions regarding the
 2370  receipt and distribution or other disposition of prescription
 2371  drugs and active pharmaceutical ingredients. These records must
 2372  provide a complete audit trail from receipt to sale or other
 2373  disposition, be readily retrievable for inspection, and include,
 2374  at a minimum, the following information:
 2375         1. The source of the prescription drugs or active
 2376  pharmaceutical ingredients, including the name and principal
 2377  address of the seller or transferor, and the address of the
 2378  location from which the prescription drugs were shipped;
 2379         2. The name, principal address, and state license permit or
 2380  registration number of the person authorized to purchase
 2381  prescription drugs or active pharmaceutical ingredients;
 2382         3. The name, strength, dosage form, and quantity of the
 2383  prescription drugs received and distributed or disposed of;
 2384         4. The dates of receipt and distribution or other
 2385  disposition of the prescription drugs or active pharmaceutical
 2386  ingredients; and
 2387         5. Any financial documentation supporting the transaction.
 2388         (b) Inventories and records must be made available for
 2389  inspection and photocopying by authorized federal, state, or
 2390  local officials for a period of 2 years following disposition of
 2391  the drugs or 3 years after the creation of the records,
 2392  whichever period is longer.
 2393         (c) Records described in this section that are kept at the
 2394  inspection site or that can be immediately retrieved by computer
 2395  or other electronic means must be readily available for
 2396  authorized inspection during the retention period. Records that
 2397  are kept at a central location outside of this state and that
 2398  are not electronically retrievable must be made available for
 2399  inspection within 2 working days after a request by an
 2400  authorized official of a federal, state, or local law
 2401  enforcement agency. Records that are maintained at a central
 2402  location within this state must be maintained at an
 2403  establishment that is permitted pursuant to this part and must
 2404  be readily available.
 2405         (d) Each manufacturer or repackager of medical devices,
 2406  over-the-counter drugs, or cosmetics must maintain records that
 2407  include the name and principal address of the seller or
 2408  transferor of the product, the address of the location from
 2409  which the product was shipped, the date of the transaction, the
 2410  name and quantity of the product involved, and the name and
 2411  principal address of the person who purchased the product.
 2412         (e)When pedigree papers are required by this part, a
 2413  wholesale distributor must maintain the pedigree papers separate
 2414  and distinct from other records required under this part.
 2415         Section 9. Subsection (4) of section 499.015, Florida
 2416  Statues, is amended to read:
 2417         499.015 Registration of drugs, devices, and cosmetics;
 2418  issuance of certificates of free sale.—
 2419         (4) Unless a registration is renewed, it expires 2 years
 2420  after the last day of the month in which it was issued. Any
 2421  product registration issued or renewed on or after July 1, 2016,
 2422  shall expire on the same date as the manufacturer or repackager
 2423  permit of the person seeking to register the product. If the
 2424  first product registration issued to a person on or after July
 2425  1, 2016, expires less than 366 days after issuance, the fee for
 2426  product registration shall be $15. If the first product
 2427  registration issued to a person on or after July 1, 2016,
 2428  expires more than 365 days after issuance, the fee for product
 2429  registration shall be $30. The department may issue a stop-sale
 2430  notice or order against a person that is subject to the
 2431  requirements of this section and that fails to comply with this
 2432  section within 31 days after the date the registration expires.
 2433  The notice or order shall prohibit such person from selling or
 2434  causing to be sold any drugs, devices, or cosmetics covered by
 2435  this part until he or she complies with the requirements of this
 2436  section.
 2437         Section 10. Subsection (1) of section 499.03, Florida
 2438  Statutes, is amended to read:
 2439         499.03 Possession of certain drugs without prescriptions
 2440  unlawful; exemptions and exceptions.—
 2441         (1) A person may not possess, or possess with intent to
 2442  sell, dispense, or deliver, any habit-forming, toxic, harmful,
 2443  or new drug subject to s. 499.003(32) 499.003(33), or
 2444  prescription drug as defined in s. 499.003(40) 499.003(43),
 2445  unless the possession of the drug has been obtained by a valid
 2446  prescription of a practitioner licensed by law to prescribe the
 2447  drug. However, this section does not apply to the delivery of
 2448  such drugs to persons included in any of the classes named in
 2449  this subsection, or to the agents or employees of such persons,
 2450  for use in the usual course of their businesses or practices or
 2451  in the performance of their official duties, as the case may be;
 2452  nor does this section apply to the possession of such drugs by
 2453  those persons or their agents or employees for such use:
 2454         (a) A licensed pharmacist or any person under the licensed
 2455  pharmacist’s supervision while acting within the scope of the
 2456  licensed pharmacist’s practice;
 2457         (b) A licensed practitioner authorized by law to prescribe
 2458  prescription drugs or any person under the licensed
 2459  practitioner’s supervision while acting within the scope of the
 2460  licensed practitioner’s practice;
 2461         (c) A qualified person who uses prescription drugs for
 2462  lawful research, teaching, or testing, and not for resale;
 2463         (d) A licensed hospital or other institution that procures
 2464  such drugs for lawful administration or dispensing by
 2465  practitioners;
 2466         (e) An officer or employee of a federal, state, or local
 2467  government; or
 2468         (f) A person that holds a valid permit issued by the
 2469  department pursuant to this part which authorizes that person to
 2470  possess prescription drugs.
 2471         Section 11. Paragraphs (i) through (p) of subsection (1) of
 2472  section 499.05, Florida Statutes, are amended to read:
 2473         499.05 Rules.—
 2474         (1) The department shall adopt rules to implement and
 2475  enforce this chapter with respect to:
 2476         (i) Additional conditions that qualify as an emergency
 2477  medical reason under s. 499.003(48)(b)2. 499.003(53)(b)2. or s.
 2478  499.82.
 2479         (j)Procedures and forms relating to the pedigree paper
 2480  requirement of s. 499.01212.
 2481         (j)(k) The protection of the public health, safety, and
 2482  welfare regarding good manufacturing practices that
 2483  manufacturers and repackagers must follow to ensure the safety
 2484  of the products.
 2485         (k)(l) Information required from each retail establishment
 2486  pursuant to s. 499.012(3) or s. 499.83(2)(c), including
 2487  requirements for prescriptions or orders.
 2488         (l)(m) The recordkeeping, storage, and handling with
 2489  respect to each of the distributions of prescription drugs
 2490  specified in s. 499.003(48)(a)-(v) 499.003(53)(a)-(d) or s.
 2491  499.82(14).
 2492         (n)Alternatives to compliance with s. 499.01212 for a
 2493  prescription drug in the inventory of a permitted prescription
 2494  drug wholesale distributor as of June 30, 2006, and the return
 2495  of a prescription drug purchased prior to July 1, 2006. The
 2496  department may specify time limits for such alternatives.
 2497         (m)(o) Wholesale distributor reporting requirements of s.
 2498  499.0121(14).
 2499         (n)(p) Wholesale distributor credentialing and distribution
 2500  requirements of s. 499.0121(15).
 2501         Section 12. Subsection (7) of section 499.051, Florida
 2502  Statutes, is amended to read:
 2503         499.051 Inspections and investigations.—
 2504         (7) The complaint and all information obtained pursuant to
 2505  the investigation by the department are confidential and exempt
 2506  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
 2507  until the investigation and the enforcement action are
 2508  completed. However, trade secret information contained therein
 2509  as defined by s. 812.081(1)(c) shall remain confidential and
 2510  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 2511  of the State Constitution, as long as the information is
 2512  retained by the department. This subsection does not prohibit
 2513  the department from using such information for regulatory or
 2514  enforcement proceedings under this chapter or from providing
 2515  such information to any law enforcement agency or any other
 2516  regulatory agency. However, the receiving agency shall keep such
 2517  records confidential and exempt as provided in this subsection.
 2518  In addition, this subsection is not intended to prevent
 2519  compliance with the provisions of s. 499.01212, and the pedigree
 2520  papers required in that section shall not be deemed a trade
 2521  secret.
 2522         Section 13. Subsection (8) is added to section 499.066,
 2523  Florida Statutes, to read:
 2524         499.066 Penalties; remedies.—In addition to other penalties
 2525  and other enforcement provisions:
 2526         (8)(a)The department shall adopt rules to permit the
 2527  issuance of remedial, nondisciplinary citations. A citation
 2528  shall be issued to the person alleged to have committed a
 2529  violation and contain the person’s name, address, and license
 2530  number, if applicable, a brief factual statement, the sections
 2531  of the law allegedly violated, and the monetary assessment and
 2532  or other remedial measures imposed. The citation must clearly
 2533  state that the person may choose, in lieu of accepting the
 2534  citation, to have the department rescind the citation and
 2535  conduct an investigation pursuant to s. 499.051. If the person
 2536  does not dispute the matter in the citation with the department
 2537  within 30 days after the citation is served, the citation
 2538  becomes a final order and does not constitute discipline.
 2539         (b)The department shall adopt rules designating violations
 2540  for which a citation may be issued. The rules shall designate as
 2541  citable those violations for which there is no substantial
 2542  threat to the public health, safety, or welfare.
 2543         (c)The department is entitled to recover the costs of
 2544  investigation, in addition to any penalty provided according to
 2545  department rule, as part of the penalty levied pursuant to the
 2546  citation.
 2547         (d)A citation must be issued within 12 months after the
 2548  filing of the complaint that is the basis for the citation.
 2549         (e)Service of a citation may be made by personal service
 2550  or certified mail, restricted delivery, to the person at the
 2551  person’s last known address of record with the department or to
 2552  the person’s Florida registered agent.
 2553         (f)The department has authority to, and shall adopt rules
 2554  to, designate those violations for which a person is subject to
 2555  the issuance of a citation and designate the monetary
 2556  assessments and or other remedial measures that must be taken
 2557  for those violations. The department has continuous authority to
 2558  amend its rules adopted pursuant to this section.
 2559         Section 14. Subsection (14) of section 499.82, Florida
 2560  Statutes, is amended to read:
 2561         499.82 Definitions.—As used in this part, the term:
 2562         (14) “Wholesale distribution” means the distribution of
 2563  medical gas to a person other than a consumer or patient.
 2564  Wholesale distribution of medical gases does not include:
 2565         (a) The sale, purchase, or trade of a medical gas; an offer
 2566  to sell, purchase, or trade a medical gas; or the dispensing of
 2567  a medical gas pursuant to a prescription;
 2568         (b) Activities exempt from the definition of wholesale
 2569  distribution in s. 499.003; or
 2570         (c) The sale, purchase, or trade of a medical gas or an
 2571  offer to sell, purchase, or trade a medical gas for emergency
 2572  medical reasons; or
 2573         (d)Other transactions excluded from the definition of
 2574  wholesale distribution under the federal act or regulations
 2575  implemented under the federal act related to medical gas.
 2576         Section 15. Subsection (4) of section 499.89, Florida
 2577  Statutes, is amended to read:
 2578         499.89 Recordkeeping.—
 2579         (4)A pedigree paper is not required for distributing or
 2580  dispensing medical gas.
 2581         Section 16. Section 499.01212, Florida Statutes, is
 2582  repealed.
 2583         Section 17. Paragraph (a) of subsection (1) of section
 2584  409.9201, Florida Statutes, is amended to read:
 2585         409.9201 Medicaid fraud.—
 2586         (1) As used in this section, the term:
 2587         (a) “Prescription drug” means any drug, including, but not
 2588  limited to, finished dosage forms or active ingredients that are
 2589  subject to, defined in, or described in s. 503(b) of the Federal
 2590  Food, Drug, and Cosmetic Act or in s. 465.003(8), s. 499.003(47)
 2591  499.003(52), s. 499.007(13), or s. 499.82(10).
 2592  
 2593  The value of individual items of the legend drugs or goods or
 2594  services involved in distinct transactions committed during a
 2595  single scheme or course of conduct, whether involving a single
 2596  person or several persons, may be aggregated when determining
 2597  the punishment for the offense.
 2598         Section 18. Paragraph (b) of subsection (1) of section
 2599  499.067, Florida Statutes, is amended to read:
 2600         499.067 Denial, suspension, or revocation of permit,
 2601  certification, or registration.—
 2602         (1)
 2603         (b) The department may deny an application for a permit or
 2604  certification, or suspend or revoke a permit or certification,
 2605  if the department finds that:
 2606         1. The applicant is not of good moral character or that it
 2607  would be a danger or not in the best interest of the public
 2608  health, safety, and welfare if the applicant were issued a
 2609  permit or certification.
 2610         2. The applicant has not met the requirements for the
 2611  permit or certification.
 2612         3. The applicant is not eligible for a permit or
 2613  certification for any of the reasons enumerated in s. 499.012.
 2614         4. The applicant, permittee, or person certified under s.
 2615  499.012(15) s. 499.012(16) demonstrates any of the conditions
 2616  enumerated in s. 499.012.
 2617         5. The applicant, permittee, or person certified under s.
 2618  499.012(15) s. 499.012(16) has committed any violation of this
 2619  chapter.
 2620         Section 19. Subsection (1) of section 794.075, Florida
 2621  Statutes, is amended to read:
 2622         794.075 Sexual predators; erectile dysfunction drugs.—
 2623         (1) A person may not possess a prescription drug, as
 2624  defined in s. 499.003(40) 499.003(43), for the purpose of
 2625  treating erectile dysfunction if the person is designated as a
 2626  sexual predator under s. 775.21.
 2627         Section 20. Paragraphs (d), (f), (i), and (j) of subsection
 2628  (3) of section 921.0022, Florida Statutes, are amended to read:
 2629         921.0022 Criminal Punishment Code; offense severity ranking
 2630  chart.—
 2631         (3) OFFENSE SEVERITY RANKING CHART
 2632         (d) LEVEL 4
 2633  
 2634  
 2635  FloridaStatute    FelonyDegree           Description            
 2636  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 2637  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements pedigree papers.
 2638  499.0051(2)          3rd   Failure to authenticate pedigree papers.
 2639  499.0051(5) 499.0051(6)   2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2640  517.07(1)            3rd   Failure to register securities.   
 2641  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 2642  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 2643  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 2644  784.075              3rd   Battery on detention or commitment facility staff.
 2645  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2646  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 2647  784.081(3)           3rd   Battery on specified official or employee.
 2648  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 2649  784.083(3)           3rd   Battery on code inspector.        
 2650  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2651  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 2652  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2653  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2654  787.07               3rd   Human smuggling.                  
 2655  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 2656  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 2657  790.115(2)(c)        3rd   Possessing firearm on school property.
 2658  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 2659  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2660  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2661  810.06               3rd   Burglary; possession of tools.    
 2662  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 2663  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2664  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2665  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2666  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2667  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 2668  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 2669  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2670  837.02(1)            3rd   Perjury in official proceedings.  
 2671  837.021(1)           3rd   Make contradictory statements in official proceedings.
 2672  838.022              3rd   Official misconduct.              
 2673  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 2674  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 2675  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 2676  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2677  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 2678  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 2679  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 2680  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2681  914.14(2)            3rd   Witnesses accepting bribes.       
 2682  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 2683  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 2684  918.12               3rd   Tampering with jurors.            
 2685  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 2686         (f) LEVEL 6
 2687  
 2688  
 2689  FloridaStatute    FelonyDegree           Description            
 2690  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 2691  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 2692  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 2693  499.0051(2) 499.0051(3)   2nd   Knowing forgery of transaction history, transaction information, or transaction statement pedigree papers.
 2694  499.0051(3) 499.0051(4)   2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 2695  499.0051(4) 499.0051(5)   2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 2696  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 2697  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 2698  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 2699  784.041              3rd   Felony battery; domestic battery by strangulation.
 2700  784.048(3)           3rd   Aggravated stalking; credible threat.
 2701  784.048(5)           3rd   Aggravated stalking of person under 16.
 2702  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 2703  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 2704  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 2705  784.081(2)           2nd   Aggravated assault on specified official or employee.
 2706  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 2707  784.083(2)           2nd   Aggravated assault on code inspector.
 2708  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 2709  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 2710  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 2711  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 2712  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 2713  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 2714  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 2715  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 2716  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 2717  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 2718  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 2719  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 2720  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 2721  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 2722  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 2723  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 2724  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 2725  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 2726  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 2727  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 2728  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 2729  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 2730  827.03(2)(c)         3rd   Abuse of a child.                 
 2731  827.03(2)(d)         3rd   Neglect of a child.               
 2732  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 2733  836.05               2nd   Threats; extortion.               
 2734  836.10               2nd   Written threats to kill or do bodily injury.
 2735  843.12               3rd   Aids or assists person to escape. 
 2736  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 2737  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 2738  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 2739  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 2740  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 2741  944.40               2nd   Escapes.                          
 2742  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 2743  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 2744  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 2745         (i) LEVEL 9
 2746  
 2747  FloridaStatute            FelonyDegree         Description         
 2748  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 2749  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 2750  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 2751  499.0051(8) 499.0051(9)        1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2752  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2753  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2754  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2755  775.0844                       1st     Aggravated white collar crime.
 2756  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 2757  782.04(3)                    1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 2758  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2759  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 2760  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 2761  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 2762  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 2763  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2764  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 2765  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 2766  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 2767  790.161                        1st     Attempted capital destructive device offense.
 2768  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2769  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 2770  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2771  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 2772  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 2773  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 2774  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 2775  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 2776  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 2777  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2778  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 2779  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 2780  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 2781  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2782  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2783  817.535(5)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 2784  817.568(7)                   2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 2785  827.03(2)(a)                   1st     Aggravated child abuse.     
 2786  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 2787  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 2788  859.01                         1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 2789  893.135                        1st     Attempted capital trafficking offense.
 2790  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 2791  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2792  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 2793  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 2794  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 2795  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
 2796  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
 2797  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
 2798  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2799  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2800  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 2801  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 2802  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2803         (j) LEVEL 10
 2804  
 2805  FloridaStatute             FelonyDegree         Description        
 2806  499.0051(9) 499.0051(10)       1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
 2807  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
 2808  782.07(3)                      1st      Aggravated manslaughter of a child.
 2809  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
 2810  787.01(3)(a)                   Life     Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 2811  787.06(3)(g)                   Life     Human trafficking for commercial sexual activity of a child under the age of 18 or mentally defective or incapacitated person.
 2812  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
 2813  794.011(3)                     Life     Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
 2814  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
 2815  876.32                         1st      Treason against the state. 
 2816  
 2817         Section 21. This act shall take effect July 1, 2016.