CS for CS for SB 1604                     Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20161604e2
       
    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; requiring rulemaking; specifying a
    6         default rule until the Department of Business and
    7         Professional Regulation adopts a rule; amending s.
    8         499.005, F.S.; revising prohibited acts related to the
    9         distribution of prescription drugs; conforming a
   10         cross-reference; amending s. 499.0051, F.S.;
   11         prohibiting the distribution of prescription drugs
   12         without delivering a transaction history, transaction
   13         information, and transaction statement; providing
   14         penalties; deleting provisions and revising
   15         terminology related to pedigree papers, to conform to
   16         changes made by the act; amending s. 499.006, F.S.;
   17         conforming provisions; amending s. 499.01, F.S.;
   18         requiring nonresident prescription drug repackagers to
   19         obtain an operating permit; authorizing a manufacturer
   20         to engage in the wholesale distribution of
   21         prescription drugs; providing for the issuance of
   22         virtual prescription drug manufacturer permits and
   23         virtual nonresident prescription drug manufacturer
   24         permits to certain persons; providing exceptions from
   25         certain virtual manufacturer requirements; requiring a
   26         nonresident prescription drug repackager permit for
   27         certain persons; deleting surety bond requirements for
   28         prescription drug wholesale distributors; requiring
   29         that certain persons obtain an out-of-state
   30         prescription drug wholesale distributor permit;
   31         providing that a restricted prescription drug
   32         distributor permit is not required for distributions
   33         between certain pharmacies; requiring the Department
   34         of Business and Professional Regulation to establish
   35         by rule when such distribution constitutes regular and
   36         systematic supplying of a prescription drug; requiring
   37         certain third party logistic providers to be licensed;
   38         requiring research and development labeling on certain
   39         prescription drug active pharmaceutical ingredient
   40         packaging; requiring certain manufacturers to create
   41         and maintain certain records; requiring certain
   42         prescription drug distributors to provide certain
   43         information to health care entities for which they
   44         repackage prescription drugs; requiring the department
   45         to adopt rules concerning repackaged prescription drug
   46         safety and integrity; amending s. 499.012, F.S.;
   47         providing for issuance of a prescription drug
   48         manufacturer permit or retail pharmacy drug wholesale
   49         distributor permit when an applicant at the same
   50         address is a licensed nuclear pharmacy or community
   51         pharmacy; providing for the expiration of deficient
   52         permit applications; requiring trade secret
   53         information submitted by an applicant to be maintained
   54         as a trade secret; authorizing the quadrennial renewal
   55         of permits; providing for calculation of fees for such
   56         permit renewals; revising procedures and application
   57         requirements for permit renewals; providing for late
   58         renewal fees; allowing a permittee who submits a
   59         renewal application to continue operations; removing
   60         certain application requirements for renewal of a
   61         permit; requiring bonds or other surety of a specified
   62         amount; requiring proof of inspection of
   63         establishments used in wholesale distribution;
   64         authorizing the Department of Business and
   65         Professional Regulation to contract for the collection
   66         of electronic fingerprints under certain
   67         circumstances; providing information that may be
   68         submitted in lieu of certain application requirements
   69         for specified permits and certifications; removing
   70         provisions relating to annual renewal and expiration
   71         of permits; conforming cross-references; amending s.
   72         499.01201, F.S.; conforming provisions; amending s.
   73         499.0121, F.S.; revising prescription drug
   74         recordkeeping requirements; specifying recordkeeping
   75         requirements for manufacturers and repackagers of
   76         medical devices, over-the-counter drugs, and
   77         cosmetics; increasing the quantity of unit doses of a
   78         controlled substance that may be ordered in any given
   79         month by a customer without triggering a requirement
   80         that a wholesale distributor perform a reasonableness
   81         assessment; conforming provisions; amending s.
   82         499.015, F.S.; providing for the expiration, renewal,
   83         and issuance of certain drug, device, and cosmetic
   84         product registrations; providing for product
   85         registration fees; amending ss. 499.03, 499.05, and
   86         499.051, F.S.; conforming provisions to changes made
   87         by the act; amending s. 499.066, F.S.; authorizing the
   88         issuance of nondisciplinary citations; authorizing the
   89         department to adopt rules designating violations for
   90         which a citation may be issued; authorizing the
   91         department to recover investigative costs pursuant to
   92         the citation; specifying a time limitation for
   93         issuance of a citation; providing for service of a
   94         citation; amending s. 499.82, F.S.; revising the
   95         definition of “wholesale distribution” for purposes of
   96         medical gas requirements; amending s. 499.83, F.S.;
   97         authorizing licensed hospices to obtain on behalf of,
   98         and sell medical oxygen to, their patients without
   99         obtaining a medical oxygen retail establishment permit
  100         in certain circumstances; specifying recordkeeping
  101         requirements; amending s. 499.89, F.S.; conforming
  102         provisions; repealing s. 499.01212, F.S., relating to
  103         pedigree papers; amending ss. 409.9201, 499.067,
  104         794.075, and 921.0022, F.S.; conforming cross
  105         references; providing an effective date.
  106          
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Section 499.003, Florida Statutes, is amended to
  110  read:
  111         499.003 Definitions of terms used in this part.—As used in
  112  this part, the term:
  113         (1)“Active pharmaceutical ingredient” includes any
  114  substance or mixture of substances intended, represented, or
  115  labeled for use in drug manufacturing that furnishes or is
  116  intended to furnish, in a finished dosage form, any
  117  pharmacological activity or other direct effect in the
  118  diagnosis, cure, mitigation, treatment, therapy, or prevention
  119  of disease in humans or other animals, or to affect the
  120  structure or any function of the body of humans or animals.
  121         (2)(1) “Advertisement” means any representation
  122  disseminated in any manner or by any means, other than by
  123  labeling, for the purpose of inducing, or which is likely to
  124  induce, directly or indirectly, the purchase of drugs, devices,
  125  or cosmetics.
  126         (3)“Affiliate” means a business entity that has a
  127  relationship with another business entity in which, directly or
  128  indirectly:
  129         (a)The business entity controls, or has the power to
  130  control, the other business entity; or
  131         (b)A third party controls, or has the power to control,
  132  both business entities.
  133         (2)“Affiliated group” means an affiliated group as defined
  134  by s. 1504 of the Internal Revenue Code of 1986, as amended,
  135  which is composed of chain drug entities, including at least 50
  136  retail pharmacies, warehouses, or repackagers, which are members
  137  of the same affiliated group. The affiliated group must disclose
  138  the names of all its members to the department.
  139         (4)(3) “Affiliated party” means:
  140         (a) A director, officer, trustee, partner, or committee
  141  member of a permittee or applicant or a subsidiary or service
  142  corporation of the permittee or applicant;
  143         (b) A person who, directly or indirectly, manages,
  144  controls, or oversees the operation of a permittee or applicant,
  145  regardless of whether such person is a partner, shareholder,
  146  manager, member, officer, director, independent contractor, or
  147  employee of the permittee or applicant;
  148         (c) A person who has filed or is required to file a
  149  personal information statement pursuant to s. 499.012(9) or is
  150  required to be identified in an application for a permit or to
  151  renew a permit pursuant to s. 499.012(8); or
  152         (d) The five largest natural shareholders that own at least
  153  5 percent of the permittee or applicant.
  154         (5)(4) “Applicant” means a person applying for a permit or
  155  certification under this part.
  156         (5)“Authenticate” means to affirmatively verify upon
  157  receipt of a prescription drug that each transaction listed on
  158  the pedigree paper has occurred.
  159         (a)A wholesale distributor is not required to open a
  160  sealed, medical convenience kit to authenticate a pedigree paper
  161  for a prescription drug contained within the kit.
  162         (b)Authentication of a prescription drug included in a
  163  sealed, medical convenience kit shall be limited to verifying
  164  the transaction and pedigree information received.
  165         (6) “Certificate of free sale” means a document prepared by
  166  the department which certifies a drug, device, or cosmetic, that
  167  is registered with the department, as one that can be legally
  168  sold in the state.
  169         (7) “Chain pharmacy warehouse” means a wholesale
  170  distributor permitted pursuant to s. 499.01 that maintains a
  171  physical location for prescription drugs that functions solely
  172  as a central warehouse to perform intracompany transfers of such
  173  drugs between members of an affiliate to a member of its
  174  affiliated group.
  175         (8) “Closed pharmacy” means a pharmacy that is licensed
  176  under chapter 465 and purchases prescription drugs for use by a
  177  limited patient population and not for wholesale distribution or
  178  sale to the public. The term does not include retail pharmacies.
  179         (9) “Color” includes black, white, and intermediate grays.
  180         (10) “Color additive” means, with the exception of any
  181  material that has been or hereafter is exempt under the federal
  182  act, a material that:
  183         (a) Is a dye pigment, or other substance, made by a process
  184  of synthesis or similar artifice, or extracted, isolated, or
  185  otherwise derived, with or without intermediate or final change
  186  of identity from a vegetable, animal, mineral, or other source;
  187  or
  188         (b) When added or applied to a drug or cosmetic or to the
  189  human body, or any part thereof, is capable alone, or through
  190  reaction with other substances, of imparting color thereto.
  191         (11) “Contraband prescription drug” means any adulterated
  192  drug, as defined in s. 499.006, any counterfeit drug, as defined
  193  in this section, and also means any prescription drug for which
  194  a transaction history, transaction information, or transaction
  195  statement pedigree paper does not exist, or for which the
  196  transaction history, transaction information, or transaction
  197  statement pedigree paper in existence has been forged,
  198  counterfeited, falsely created, or contains any altered, false,
  199  or misrepresented matter.
  200         (12) “Cosmetic” means an article, with the exception of
  201  soap, that is:
  202         (a) Intended to be rubbed, poured, sprinkled, or sprayed
  203  on; introduced into; or otherwise applied to the human body or
  204  any part thereof for cleansing, beautifying, promoting
  205  attractiveness, or altering the appearance; or
  206         (b) Intended for use as a component of any such article.
  207         (13) “Counterfeit drug,” “counterfeit device,” or
  208  “counterfeit cosmetic” means a drug, device, or cosmetic which,
  209  or the container, seal, or labeling of which, without
  210  authorization, bears the trademark, trade name, or other
  211  identifying mark, imprint, or device, or any likeness thereof,
  212  of a drug, device, or cosmetic manufacturer, processor, packer,
  213  or distributor other than the person that in fact manufactured,
  214  processed, packed, or distributed that drug, device, or cosmetic
  215  and which thereby falsely purports or is represented to be the
  216  product of, or to have been packed or distributed by, that other
  217  drug, device, or cosmetic manufacturer, processor, packer, or
  218  distributor.
  219         (14) “Department” means the Department of Business and
  220  Professional Regulation.
  221         (15) “Device” means any instrument, apparatus, implement,
  222  machine, contrivance, implant, in vitro reagent, or other
  223  similar or related article, including its components, parts, or
  224  accessories, which is:
  225         (a) Recognized in the current edition of the United States
  226  Pharmacopoeia and National Formulary, or any supplement thereof,
  227         (b) Intended for use in the diagnosis, cure, mitigation,
  228  treatment, therapy, or prevention of disease in humans or other
  229  animals, or
  230         (c) Intended to affect the structure or any function of the
  231  body of humans or other animals,
  232  
  233  and that does not achieve any of its principal intended purposes
  234  through chemical action within or on the body of humans or other
  235  animals and which is not dependent upon being metabolized for
  236  the achievement of any of its principal intended purposes.
  237         (16) “Distribute” or “distribution” means to sell,
  238  purchase, trade, deliver, handle, store, or receive to sell;
  239  offer to sell; give away; transfer, whether by passage of title,
  240  physical movement, or both; deliver; or offer to deliver. The
  241  term does not mean to administer or dispense and does not
  242  include the billing and invoicing activities that commonly
  243  follow a wholesale distribution transaction.
  244         (17)“Drop shipment” means the sale of a prescription drug
  245  from a manufacturer to a wholesale distributor, where the
  246  wholesale distributor takes title to, but not possession of, the
  247  prescription drug, and the manufacturer of the prescription drug
  248  ships the prescription drug directly to a chain pharmacy
  249  warehouse or a person authorized by law to purchase prescription
  250  drugs for the purpose of administering or dispensing the drug,
  251  as defined in s. 465.003.
  252         (17)(18) “Drug” means an article that is:
  253         (a) Recognized in the current edition of the United States
  254  Pharmacopoeia and National Formulary, official Homeopathic
  255  Pharmacopoeia of the United States, or any supplement to any of
  256  those publications;
  257         (b) Intended for use in the diagnosis, cure, mitigation,
  258  treatment, therapy, or prevention of disease in humans or other
  259  animals;
  260         (c) Intended to affect the structure or any function of the
  261  body of humans or other animals; or
  262         (d) Intended for use as a component of any article
  263  specified in paragraph (a), paragraph (b), or paragraph (c), and
  264  includes active pharmaceutical ingredients, but does not include
  265  devices or their nondrug components, parts, or accessories. For
  266  purposes of this paragraph, an “active pharmaceutical
  267  ingredient” includes any substance or mixture of substances
  268  intended, represented, or labeled for use in drug manufacturing
  269  that furnishes or is intended to furnish, in a finished dosage
  270  form, any pharmacological activity or other direct effect in the
  271  diagnosis, cure, mitigation, treatment, therapy, or prevention
  272  of disease in humans or other animals, or to affect the
  273  structure or any function of the body of humans or other
  274  animals.
  275         (18)(19) “Establishment” means a place of business which is
  276  at one general physical location and may extend to one or more
  277  contiguous suites, units, floors, or buildings operated and
  278  controlled exclusively by entities under common operation and
  279  control. Where multiple buildings are under common exclusive
  280  ownership, operation, and control, an intervening thoroughfare
  281  does not affect the contiguous nature of the buildings. For
  282  purposes of permitting, each suite, unit, floor, or building
  283  must be identified in the most recent permit application.
  284         (19)(20) “Federal act” means the Federal Food, Drug, and
  285  Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
  286         (20)(21) “Freight forwarder” means a person who receives
  287  prescription drugs which are owned by another person and
  288  designated by that person for export, and exports those
  289  prescription drugs.
  290         (21)(22) “Health care entity” means a closed pharmacy or
  291  any person, organization, or business entity that provides
  292  diagnostic, medical, surgical, or dental treatment or care, or
  293  chronic or rehabilitative care, but does not include any
  294  wholesale distributor or retail pharmacy licensed under state
  295  law to deal in prescription drugs. However, a blood
  296  establishment is a health care entity that may engage in the
  297  wholesale distribution of prescription drugs under s.
  298  499.01(2)(h)1.c. 499.01(2)(g)1.c.
  299         (22)(23) “Health care facility” means a health care
  300  facility licensed under chapter 395.
  301         (23)(24) “Hospice” means a corporation licensed under part
  302  IV of chapter 400.
  303         (24)(25) “Hospital” means a facility as defined in s.
  304  395.002 and licensed under chapter 395.
  305         (25)(26) “Immediate container” does not include package
  306  liners.
  307         (26)(27) “Label” means a display of written, printed, or
  308  graphic matter upon the immediate container of any drug, device,
  309  or cosmetic. A requirement made by or under authority of this
  310  part or rules adopted under this part that any word, statement,
  311  or other information appear on the label is not complied with
  312  unless such word, statement, or other information also appears
  313  on the outside container or wrapper, if any, of the retail
  314  package of such drug, device, or cosmetic or is easily legible
  315  through the outside container or wrapper.
  316         (27)(28) “Labeling” means all labels and other written,
  317  printed, or graphic matters:
  318         (a) Upon a drug, device, or cosmetic, or any of its
  319  containers or wrappers; or
  320         (b) Accompanying or related to such drug, device, or
  321  cosmetic.
  322         (28)(29) “Manufacture” means the preparation, deriving,
  323  compounding, propagation, processing, producing, or fabrication
  324  of any drug, device, or cosmetic.
  325         (29)(30) “Manufacturer” means:
  326         (a) A person who holds a New Drug Application, an
  327  Abbreviated New Drug Application, a Biologics License
  328  Application, or a New Animal Drug Application approved under the
  329  federal act or a license issued under s. 351 of the Public
  330  Health Service Act, 42 U.S.C. s. 262, for such drug or
  331  biologics, or if such drug or biologics are not the subject of
  332  an approved application or license, the person who manufactured
  333  the drug or biologics prepares, derives, manufactures, or
  334  produces a drug, device, or cosmetic;
  335         (b) A co-licensed partner of the person described in
  336  paragraph (a) who obtains the drug or biologics directly from a
  337  person described in paragraph (a), paragraph (c), or this
  338  paragraph The holder or holders of a New Drug Application (NDA),
  339  an Abbreviated New Drug Application (ANDA), a Biologics License
  340  Application (BLA), or a New Animal Drug Application (NADA),
  341  provided such application has become effective or is otherwise
  342  approved consistent with s. 499.023;
  343         (c) An affiliate of a person described in paragraph (a),
  344  paragraph (b), or this paragraph that receives the drug or
  345  biologics directly from a person described in paragraph (a),
  346  paragraph (b), or this paragraph A private label distributor for
  347  whom the private label distributor’s prescription drugs are
  348  originally manufactured and labeled for the distributor and have
  349  not been repackaged; or
  350         (d) A person who manufactures a device or a cosmetic. A
  351  person registered under the federal act as a manufacturer of a
  352  prescription drug, who is described in paragraph (a), paragraph
  353  (b), or paragraph (c), who has entered into a written agreement
  354  with another prescription drug manufacturer that authorizes
  355  either manufacturer to distribute the prescription drug
  356  identified in the agreement as the manufacturer of that drug
  357  consistent with the federal act and its implementing
  358  regulations;
  359         (e)A member of an affiliated group that includes, but is
  360  not limited to, persons described in paragraph (a), paragraph
  361  (b), paragraph (c), or paragraph (d), which member distributes
  362  prescription drugs, whether or not obtaining title to the drugs,
  363  only for the manufacturer of the drugs who is also a member of
  364  the affiliated group. As used in this paragraph, the term
  365  “affiliated group” means an affiliated group as defined in s.
  366  1504 of the Internal Revenue Code of 1986, as amended. The
  367  manufacturer must disclose the names of all of its affiliated
  368  group members to the department; or
  369         (f)A person permitted as a third party logistics provider,
  370  only while providing warehousing, distribution, or other
  371  logistics services on behalf of a person described in paragraph
  372  (a), paragraph (b), paragraph (c), paragraph (d), or paragraph
  373  (e).
  374  
  375  The term does not include a pharmacy that is operating in
  376  compliance with pharmacy practice standards as defined in
  377  chapter 465 and rules adopted under that chapter.
  378         (30)(31) “Medical convenience kit” means packages or units
  379  that contain combination products as defined in 21 C.F.R. s.
  380  3.2(e)(2).
  381         (31)(32) “Medical gas” means any liquefied or vaporized gas
  382  that is a prescription drug, whether alone or in combination
  383  with other gases, and as defined in the federal act.
  384         (32)(33) “New drug” means:
  385         (a) Any drug the composition of which is such that the drug
  386  is not generally recognized, among experts qualified by
  387  scientific training and experience to evaluate the safety and
  388  effectiveness of drugs, as safe and effective for use under the
  389  conditions prescribed, recommended, or suggested in the labeling
  390  of that drug; or
  391         (b) Any drug the composition of which is such that the
  392  drug, as a result of investigations to determine its safety and
  393  effectiveness for use under certain conditions, has been
  394  recognized for use under such conditions, but which drug has
  395  not, other than in those investigations, been used to a material
  396  extent or for a material time under such conditions.
  397         (34)“Normal distribution chain” means a wholesale
  398  distribution of a prescription drug in which the wholesale
  399  distributor or its wholly owned subsidiary purchases and
  400  receives the specific unit of the prescription drug directly
  401  from the manufacturer and distributes the prescription drug
  402  directly, or through up to two intracompany transfers, to a
  403  chain pharmacy warehouse or a person authorized by law to
  404  purchase prescription drugs for the purpose of administering or
  405  dispensing the drug, as defined in s. 465.003. For purposes of
  406  this subsection, the term “intracompany” means any transaction
  407  or transfer between any parent, division, or subsidiary wholly
  408  owned by a corporate entity.
  409         (33)(35) “Nursing home” means a facility licensed under
  410  part II of chapter 400.
  411         (34)(36) “Official compendium” means the current edition of
  412  the official United States Pharmacopoeia and National Formulary,
  413  or any supplement thereto.
  414         (37)“Pedigree paper” means a document in written or
  415  electronic form approved by the department which contains
  416  information required by s. 499.01212 regarding the sale and
  417  distribution of any given prescription drug.
  418         (35)(38) “Permittee” means any person holding a permit
  419  issued under this chapter pursuant to s. 499.012.
  420         (36)(39) “Person” means any individual, child, joint
  421  venture, syndicate, fiduciary, partnership, corporation,
  422  division of a corporation, firm, trust, business trust, company,
  423  estate, public or private institution, association,
  424  organization, group, city, county, city and county, political
  425  subdivision of this state, other governmental agency within this
  426  state, and any representative, agent, or agency of any of the
  427  foregoing, or any other group or combination of the foregoing.
  428         (37)(40) “Pharmacist” means a person licensed under chapter
  429  465.
  430         (38)(41) “Pharmacy” means an entity licensed under chapter
  431  465.
  432         (39)(42) “Prepackaged drug product” means a drug that
  433  originally was in finished packaged form sealed by a
  434  manufacturer and that is placed in a properly labeled container
  435  by a pharmacy or practitioner authorized to dispense pursuant to
  436  chapter 465 for the purpose of dispensing in the establishment
  437  in which the prepackaging occurred.
  438         (40)(43) “Prescription drug” means a prescription,
  439  medicinal, or legend drug, including, but not limited to,
  440  finished dosage forms or active pharmaceutical ingredients
  441  subject to, defined by, or described by s. 503(b) of the federal
  442  act or s. 465.003(8), s. 499.007(13), subsection (31) (32), or
  443  subsection (47) (52), except that an active pharmaceutical
  444  ingredient is a prescription drug only if substantially all
  445  finished dosage forms in which it may be lawfully dispensed or
  446  administered in this state are also prescription drugs.
  447         (41)(44) “Prescription drug label” means any display of
  448  written, printed, or graphic matter upon the immediate container
  449  of any prescription drug before it is dispensed prior to its
  450  dispensing to an individual patient pursuant to a prescription
  451  of a practitioner authorized by law to prescribe.
  452         (42)(45) “Prescription label” means any display of written,
  453  printed, or graphic matter upon the immediate container of any
  454  prescription drug dispensed pursuant to a prescription of a
  455  practitioner authorized by law to prescribe.
  456         (46)“Primary wholesale distributor” means any wholesale
  457  distributor that:
  458         (a)Purchased 90 percent or more of the total dollar volume
  459  of its purchases of prescription drugs directly from
  460  manufacturers in the previous year; and
  461         (b)1.Directly purchased prescription drugs from not fewer
  462  than 50 different prescription drug manufacturers in the
  463  previous year; or
  464         2.Has, or the affiliated group, as defined in s. 1504 of
  465  the Internal Revenue Code, of which the wholesale distributor is
  466  a member has, not fewer than 250 employees.
  467         (c)For purposes of this subsection, “directly from
  468  manufacturers” means:
  469         1.Purchases made by the wholesale distributor directly
  470  from the manufacturer of prescription drugs; and
  471         2.Transfers from a member of an affiliated group, as
  472  defined in s. 1504 of the Internal Revenue Code, of which the
  473  wholesale distributor is a member, if:
  474         a.The affiliated group purchases 90 percent or more of the
  475  total dollar volume of its purchases of prescription drugs from
  476  the manufacturer in the previous year; and
  477         b.The wholesale distributor discloses to the department
  478  the names of all members of the affiliated group of which the
  479  wholesale distributor is a member and the affiliated group
  480  agrees in writing to provide records on prescription drug
  481  purchases by the members of the affiliated group not later than
  482  48 hours after the department requests access to such records,
  483  regardless of the location where the records are stored.
  484         (43)(47) “Proprietary drug,” or “OTC drug,” means a patent
  485  or over-the-counter drug in its unbroken, original package,
  486  which drug is sold to the public by, or under the authority of,
  487  the manufacturer or primary distributor thereof, is not
  488  misbranded under the provisions of this part, and can be
  489  purchased without a prescription.
  490         (44)(48) “Repackage” includes repacking or otherwise
  491  changing the container, wrapper, or labeling to further the
  492  distribution of the drug, device, or cosmetic.
  493         (45)(49) “Repackager” means a person who repackages. The
  494  term excludes pharmacies that are operating in compliance with
  495  pharmacy practice standards as defined in chapter 465 and rules
  496  adopted under that chapter.
  497         (46)(50) “Retail pharmacy” means a community pharmacy
  498  licensed under chapter 465 that purchases prescription drugs at
  499  fair market prices and provides prescription services to the
  500  public.
  501         (51)“Secondary wholesale distributor” means a wholesale
  502  distributor that is not a primary wholesale distributor.
  503         (47)(52) “Veterinary prescription drug” means a
  504  prescription drug intended solely for veterinary use. The label
  505  of the drug must bear the statement, “Caution: Federal law
  506  restricts this drug to sale by or on the order of a licensed
  507  veterinarian.”
  508         (48)(53) “Wholesale distribution” means the distribution of
  509  a prescription drug to a person drugs to persons other than a
  510  consumer or patient, or the receipt of a prescription drug by a
  511  person other than the consumer or patient, but does not include:
  512         (a) Any of the following activities, which is not a
  513  violation of s. 499.005(21) if such activity is conducted in
  514  accordance with s. 499.01(2)(h) 499.01(2)(g):
  515         1. The purchase or other acquisition by a hospital or other
  516  health care entity that is a member of a group purchasing
  517  organization of a prescription drug for its own use from the
  518  group purchasing organization or from other hospitals or health
  519  care entities that are members of that organization.
  520         2. The distribution sale, purchase, or trade of a
  521  prescription drug or an offer to distribute sell, purchase, or
  522  trade a prescription drug by a charitable organization described
  523  in s. 501(c)(3) of the Internal Revenue Code of 1986, as amended
  524  and revised, to a nonprofit affiliate of the organization to the
  525  extent otherwise permitted by law.
  526         3. The distribution sale, purchase, or trade of a
  527  prescription drug or an offer to sell, purchase, or trade a
  528  prescription drug among hospitals or other health care entities
  529  that are under common control. For purposes of this
  530  subparagraph, “common control” means the power to direct or
  531  cause the direction of the management and policies of a person
  532  or an organization, whether by ownership of stock, by voting
  533  rights, by contract, or otherwise.
  534         4. The distribution sale, purchase, trade, or other
  535  transfer of a prescription drug from or for any federal, state,
  536  or local government agency or any entity eligible to purchase
  537  prescription drugs at public health services prices pursuant to
  538  Pub. L. No. 102-585, s. 602 to a contract provider or its
  539  subcontractor for eligible patients of the agency or entity
  540  under the following conditions:
  541         a. The agency or entity must obtain written authorization
  542  for the distribution sale, purchase, trade, or other transfer of
  543  a prescription drug under this subparagraph from the Secretary
  544  of Business and Professional Regulation or his or her designee.
  545         b. The contract provider or subcontractor must be
  546  authorized by law to administer or dispense prescription drugs.
  547         c. In the case of a subcontractor, the agency or entity
  548  must be a party to and execute the subcontract.
  549         d. The contract provider and subcontractor must maintain
  550  and produce immediately for inspection all records of movement
  551  or transfer of all the prescription drugs belonging to the
  552  agency or entity, including, but not limited to, the records of
  553  receipt and disposition of prescription drugs. Each contractor
  554  and subcontractor dispensing or administering these drugs must
  555  maintain and produce records documenting the dispensing or
  556  administration. Records that are required to be maintained
  557  include, but are not limited to, a perpetual inventory itemizing
  558  drugs received and drugs dispensed by prescription number or
  559  administered by patient identifier, which must be submitted to
  560  the agency or entity quarterly.
  561         e. The contract provider or subcontractor may administer or
  562  dispense the prescription drugs only to the eligible patients of
  563  the agency or entity or must return the prescription drugs for
  564  or to the agency or entity. The contract provider or
  565  subcontractor must require proof from each person seeking to
  566  fill a prescription or obtain treatment that the person is an
  567  eligible patient of the agency or entity and must, at a minimum,
  568  maintain a copy of this proof as part of the records of the
  569  contractor or subcontractor required under sub-subparagraph d.
  570         f. In addition to the departmental inspection authority set
  571  forth in s. 499.051, the establishment of the contract provider
  572  and subcontractor and all records pertaining to prescription
  573  drugs subject to this subparagraph shall be subject to
  574  inspection by the agency or entity. All records relating to
  575  prescription drugs of a manufacturer under this subparagraph
  576  shall be subject to audit by the manufacturer of those drugs,
  577  without identifying individual patient information.
  578         (b) Any of the following activities, which is not a
  579  violation of s. 499.005(21) if such activity is conducted in
  580  accordance with rules established by the department:
  581         1. The distribution sale, purchase, or trade of a
  582  prescription drug among federal, state, or local government
  583  health care entities that are under common control and are
  584  authorized to purchase such prescription drug.
  585         2. The distribution sale, purchase, or trade of a
  586  prescription drug or an offer to distribute sell, purchase, or
  587  trade a prescription drug for emergency medical reasons, which
  588  may include. For purposes of this subparagraph, The term
  589  “emergency medical reasons” includes transfers of prescription
  590  drugs by a retail pharmacy to another retail pharmacy to
  591  alleviate a temporary shortage. For purposes of this
  592  subparagraph, a drug shortage not caused by a public health
  593  emergency does not constitute an emergency medical reason.
  594         3. The distribution transfer of a prescription drug
  595  acquired by a medical director on behalf of a licensed emergency
  596  medical services provider to that emergency medical services
  597  provider and its transport vehicles for use in accordance with
  598  the provider’s license under chapter 401.
  599         4.The revocation of a sale or the return of a prescription
  600  drug to the person’s prescription drug wholesale supplier.
  601         4.5. The donation of a prescription drug by a health care
  602  entity to a charitable organization that has been granted an
  603  exemption under s. 501(c)(3) of the Internal Revenue Code of
  604  1986, as amended, and that is authorized to possess prescription
  605  drugs.
  606         5.6. The distribution transfer of a prescription drug by a
  607  person authorized to purchase or receive prescription drugs to a
  608  person licensed or permitted to handle reverse distributions or
  609  destruction under the laws of the jurisdiction in which the
  610  person handling the reverse distribution or destruction receives
  611  the drug.
  612         6.7. The distribution transfer of a prescription drug by a
  613  hospital or other health care entity to a person licensed under
  614  this part to repackage prescription drugs for the purpose of
  615  repackaging the prescription drug for use by that hospital, or
  616  other health care entity and other health care entities that are
  617  under common control, if ownership of the prescription drugs
  618  remains with the hospital or other health care entity at all
  619  times. In addition to the recordkeeping requirements of s.
  620  499.0121(6), the hospital or health care entity that distributes
  621  transfers prescription drugs pursuant to this subparagraph must
  622  reconcile all drugs distributed transferred and returned and
  623  resolve any discrepancies in a timely manner.
  624         (c)Intracompany distribution of any drug between members
  625  of an affiliate or within a manufacturer.
  626         (d)The distribution of a prescription drug by the
  627  manufacturer of the prescription drug.
  628         (e)(c) The distribution of prescription drug samples by
  629  manufacturers’ representatives or distributors’ representatives
  630  conducted in accordance with s. 499.028.
  631         (f)The distribution of a prescription drug by a third
  632  party logistics provider permitted or licensed pursuant to and
  633  operating in compliance with the laws of this state and federal
  634  law if such third-party logistics provider does not take
  635  ownership of the prescription drug.
  636         (g)The distribution of a prescription drug, or an offer to
  637  distribute a prescription drug by a repackager registered as a
  638  drug establishment with the United States Food and Drug
  639  Administration that has taken ownership or possession of the
  640  prescription drug and repacks it in accordance with this part.
  641         (h)The purchase or other acquisition by a dispenser,
  642  hospital, or other health care entity of a prescription drug for
  643  use by such dispenser, hospital, or other health care entity.
  644         (i)The distribution of a prescription drug by a hospital
  645  or other health care entity, or by a wholesale distributor or
  646  manufacturer operating at the direction of the hospital or other
  647  health care entity, to a repackager for the purpose of
  648  repackaging the prescription drug for use by that hospital, or
  649  other health care entity and other health care entities that are
  650  under common control, if ownership of the prescription drug
  651  remains with the hospital or other health care entity at all
  652  times.
  653         (j)(d) The distribution sale, purchase, or trade of blood
  654  and blood components intended for transfusion. As used in this
  655  paragraph, the term “blood” means whole blood collected from a
  656  single donor and processed for transfusion or further
  657  manufacturing, and the term “blood components” means that part
  658  of the blood separated by physical or mechanical means.
  659         (k)(e) The lawful dispensing of a prescription drug in
  660  accordance with chapter 465.
  661         (l)(f) The distribution sale, purchase, or trade of a
  662  prescription drug between pharmacies as a result of a sale,
  663  transfer, merger, or consolidation of all or part of the
  664  business of the pharmacies from or with another pharmacy,
  665  whether accomplished as a purchase and sale of stock or of
  666  business assets.
  667         (m)The distribution of minimal quantities of prescription
  668  drugs by a licensed retail pharmacy to a licensed practitioner
  669  for office use in compliance with chapter 465 and rules adopted
  670  thereunder. The department shall adopt rules specifying the
  671  quantities of prescription drugs which are considered to be
  672  minimal quantities. However, until such rules are adopted,
  673  minimal quantities distributed may not exceed 3 percent of the
  674  retail pharmacy’s total annual purchases of prescription drugs.
  675         (n)The distribution of an intravenous prescription drug
  676  that, by its formulation, is intended for the replenishment of
  677  fluids and electrolytes, such as sodium, chloride, and potassium
  678  or calories, such as dextrose and amino acids.
  679         (o)The distribution of an intravenous prescription drug
  680  used to maintain the equilibrium of water and minerals in the
  681  body, such as dialysis solutions.
  682         (p)The distribution of a prescription drug that is
  683  intended for irrigation or sterile water, whether intended for
  684  such purposes or for injection.
  685         (q)The distribution of an exempt medical convenience kit
  686  pursuant to 21 U.S.C. s. 353(e)(4)(M).
  687         (r)A common carrier that transports a prescription drug,
  688  if the common carrier does not take ownership of the
  689  prescription drug.
  690         (s)Saleable drug returns when conducted by a dispenser.
  691         (t)Facilitating the distribution of a prescription drug by
  692  providing solely administrative services, including processing
  693  of orders and payments.
  694         (u)The distribution by a charitable organization described
  695  in s. 501(c)(3) of the Internal Revenue Code of prescription
  696  drugs donated to or supplied at a reduced price to the
  697  charitable organization to:
  698         1.A licensed health care practitioner, as defined in s.
  699  456.001, who is authorized under the appropriate practice act to
  700  prescribe and administer prescription drugs;
  701         2.A health care clinic establishment permitted pursuant to
  702  chapter 499; or
  703         3.The Department of Health or the licensed medical
  704  director of a government agency health care entity, authorized
  705  to possess prescription drugs, for storage and use in the
  706  treatment of persons in need of emergency medical services,
  707  including controlling communicable diseases or providing
  708  protection from unsafe conditions that pose an imminent threat
  709  to public health,
  710  
  711  if the distributor and the receiving entity receive no direct or
  712  indirect financial benefit other than tax benefits related to
  713  charitable contributions. Distributions under this section that
  714  involve controlled substances must comply with all state and
  715  federal regulations pertaining to the handling of controlled
  716  substances.
  717         (v)The distribution of medical gas pursuant to part III of
  718  this chapter.
  719         (49)(54) “Wholesale distributor” means a any person, other
  720  than a manufacturer, a manufacturer’s co-licensed partner, a
  721  third-party logistics provider, or a repackager, who is engaged
  722  in wholesale distribution of prescription drugs in or into this
  723  state, including, but not limited to, manufacturers;
  724  repackagers; own-label distributors; jobbers; private-label
  725  distributors; brokers; warehouses, including manufacturers’ and
  726  distributors’ warehouses, chain drug warehouses, and wholesale
  727  drug warehouses; independent wholesale drug traders; exporters;
  728  retail pharmacies; and the agents thereof that conduct wholesale
  729  distributions.
  730         Section 2. Subsections (21), (28), and (29) of section
  731  499.005, Florida Statutes, are amended to read:
  732         499.005 Prohibited acts.—It is unlawful for a person to
  733  perform or cause the performance of any of the following acts in
  734  this state:
  735         (21) The wholesale distribution of any prescription drug
  736  that was:
  737         (a) Purchased by a public or private hospital or other
  738  health care entity; or
  739         (b) Donated or supplied at a reduced price to a charitable
  740  organization,
  741  
  742  unless the wholesale distribution of the prescription drug is
  743  authorized in s. 499.01(2)(h)1.c. 499.01(2)(g)1.c.
  744         (28) Failure to acquire or deliver a transaction history,
  745  transaction information, or transaction statement pedigree paper
  746  as required under this part and rules adopted under this part.
  747         (29)The receipt of a prescription drug pursuant to a
  748  wholesale distribution without having previously received or
  749  simultaneously receiving a pedigree paper that was attested to
  750  as accurate and complete by the wholesale distributor as
  751  required under this part.
  752         Section 3. Subsections (4) through (17) of section
  753  499.0051, Florida Statutes, are renumbered as subsections (3)
  754  through (16), respectively, and subsections (1) and (2), present
  755  subsection (3), paragraphs (h) and (i) of present subsection
  756  (12), paragraph (d) of present subsection (13), and present
  757  subsection (15) of that section are amended, to read:
  758         499.0051 Criminal acts.—
  759         (1) FAILURE TO MAINTAIN OR DELIVER TRANSACTION HISTORY,
  760  TRANSACTION INFORMATION, OR TRANSACTION STATEMENT PEDIGREE
  761  PAPERS.—
  762         (a) A person, other than a manufacturer, engaged in the
  763  wholesale distribution of prescription drugs who fails to
  764  deliver to another person a complete and accurate transaction
  765  history, transaction information, or transaction statement
  766  pedigree papers concerning a prescription drug or contraband
  767  prescription drug, as required by this chapter and rules adopted
  768  under this chapter, before prior to, or simultaneous with, the
  769  transfer of the prescription drug or contraband prescription
  770  drug to another person commits a felony of the third degree,
  771  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  772         (b) A person engaged in the wholesale distribution of
  773  prescription drugs who fails to acquire a complete and accurate
  774  transaction history, transaction information, or transaction
  775  statement pedigree papers concerning a prescription drug or
  776  contraband prescription drug, as required by this chapter and
  777  rules adopted under this chapter, before prior to, or
  778  simultaneous with, the receipt of the prescription drug or
  779  contraband prescription drug from another person commits a
  780  felony of the third degree, punishable as provided in s.
  781  775.082, s. 775.083, or s. 775.084.
  782         (c) Any person who knowingly destroys, alters, conceals, or
  783  fails to maintain a complete and accurate transaction history,
  784  transaction information, or transaction statement pedigree
  785  papers concerning any prescription drug or contraband
  786  prescription drug, as required by this chapter and rules adopted
  787  under this chapter, in his or her possession commits a felony of
  788  the third degree, punishable as provided in s. 775.082, s.
  789  775.083, or s. 775.084.
  790         (2)FAILURE TO AUTHENTICATE PEDIGREE PAPERS.—Effective July
  791  1, 2006:
  792         (a)A person engaged in the wholesale distribution of
  793  prescription drugs who is in possession of pedigree papers
  794  concerning prescription drugs or contraband prescription drugs
  795  and who fails to authenticate the matters contained in the
  796  pedigree papers and who nevertheless attempts to further
  797  distribute prescription drugs or contraband prescription drugs
  798  commits a felony of the third degree, punishable as provided in
  799  s. 775.082, s. 775.083, or s. 775.084.
  800         (b)A person in possession of pedigree papers concerning
  801  prescription drugs or contraband prescription drugs who falsely
  802  swears or certifies that he or she has authenticated the matters
  803  contained in the pedigree papers commits a felony of the third
  804  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  805  775.084.
  806         (2)(3) KNOWING FORGERY OF TRANSACTION HISTORY, TRANSACTION
  807  INFORMATION, OR TRANSACTION STATEMENT PEDIGREE PAPERS.—A person
  808  who knowingly forges, counterfeits, or falsely creates any
  809  transaction history, transaction information, or transaction
  810  statement pedigree paper; who falsely represents any factual
  811  matter contained on any transaction history, transaction
  812  information, or transaction statement pedigree paper; or who
  813  knowingly omits to record material information required to be
  814  recorded in a transaction history, transaction information, or
  815  transaction statement pedigree paper, commits a felony of the
  816  second degree, punishable as provided in s. 775.082, s. 775.083,
  817  or s. 775.084.
  818         (11)(12) ADULTERATED AND MISBRANDED DRUGS; FALSE
  819  ADVERTISEMENT; FAILURE TO MAINTAIN RECORDS RELATING TO DRUGS.
  820  Any person who violates any of the following provisions commits
  821  a misdemeanor of the second degree, punishable as provided in s.
  822  775.082 or s. 775.083; but, if the violation is committed after
  823  a conviction of such person under this subsection has become
  824  final, such person commits a misdemeanor of the first degree,
  825  punishable as provided in s. 775.082 or s. 775.083, or as
  826  otherwise provided in this part:
  827         (h) The failure to maintain records related to a drug as
  828  required by this part and rules adopted under this part, except
  829  for transaction histories, transaction information, or
  830  transaction statements pedigree papers, invoices, or shipping
  831  documents related to prescription drugs.
  832         (i) The possession of any drug in violation of this part,
  833  except if the violation relates to a deficiency in transaction
  834  histories, transaction information, or transaction statements
  835  pedigree papers.
  836         (12)(13) REFUSAL TO ALLOW INSPECTION; SELLING, PURCHASING,
  837  OR TRADING DRUG SAMPLES; FAILURE TO MAINTAIN RECORDS RELATING TO
  838  PRESCRIPTION DRUGS.—Any person who violates any of the following
  839  provisions commits a felony of the third degree, punishable as
  840  provided in s. 775.082, s. 775.083, or s. 775.084, or as
  841  otherwise provided in this part:
  842         (d) The failure to receive, maintain, or provide invoices
  843  and shipping documents, other than pedigree papers, if
  844  applicable, related to the distribution of a prescription drug.
  845         (14)(15) FALSE ADVERTISEMENT.—A publisher, radio broadcast
  846  licensee, or agency or medium for the dissemination of an
  847  advertisement, except the manufacturer, repackager, wholesale
  848  distributor, or seller of the article to which a false
  849  advertisement relates, is not liable under subsection (11) (12),
  850  subsection (12) (13), or subsection (13) (14) by reason of the
  851  dissemination by him or her of such false advertisement, unless
  852  he or she has refused, on the request of the department, to
  853  furnish to the department the name and post office address of
  854  the manufacturer, repackager, wholesale distributor, seller, or
  855  advertising agency that asked him or her to disseminate such
  856  advertisement.
  857         Section 4. Section 499.006, Florida Statutes, is amended to
  858  read:
  859         499.006 Adulterated drug or device.—A drug or device is
  860  adulterated, if any of the following apply:
  861         (1) If It consists in whole or in part of any filthy,
  862  putrid, or decomposed substance.;
  863         (2) If It has been produced, prepared, packed, or held
  864  under conditions whereby it could have been contaminated with
  865  filth or rendered injurious to health.;
  866         (3) If It is a drug and the methods used in, or the
  867  facilities or controls used for, its manufacture, processing,
  868  packing, or holding do not conform to, or are not operated or
  869  administered in conformity with, current good manufacturing
  870  practices to assure that the drug meets the requirements of this
  871  part and that the drug has the identity and strength, and meets
  872  the standard of quality and purity, which it purports or is
  873  represented to possess.;
  874         (4) If It is a drug and its container is composed, in whole
  875  or in part, of any poisonous or deleterious substance which
  876  could render the contents injurious to health.;
  877         (5) If It is a drug and it bears or contains, for the
  878  purpose of coloring only, a color additive that is unsafe within
  879  the meaning of the federal act; or, if it is a color additive,
  880  the intended use of which in or on drugs is for the purpose of
  881  coloring only, and it is unsafe within the meaning of the
  882  federal act.;
  883         (6) If It purports to be, or is represented as, a drug the
  884  name of which is recognized in the official compendium, and its
  885  strength differs from, or its quality or purity falls below, the
  886  standard set forth in such compendium. The determination as to
  887  strength, quality, or purity must be made in accordance with the
  888  tests or methods of assay set forth in such compendium, or, when
  889  such tests or methods of assay are absent or inadequate, in
  890  accordance with those tests or methods of assay prescribed under
  891  authority of the federal act. A drug defined in the official
  892  compendium is not adulterated under this subsection merely
  893  because it differs from the standard of strength, quality, or
  894  purity set forth for that drug in such compendium if its
  895  difference in strength, quality, or purity from such standard is
  896  plainly stated on its label.;
  897         (7) If It is not subject to subsection (6) and its strength
  898  differs from, or its purity or quality falls below the standard
  899  of, that which it purports or is represented to possess.;
  900         (8) If It is a drug:
  901         (a) With which any substance has been mixed or packed so as
  902  to reduce the quality or strength of the drug; or
  903         (b) For which any substance has been substituted wholly or
  904  in part.;
  905         (9) If It is a drug or device for which the expiration date
  906  has passed.;
  907         (10) If It is a prescription drug for which the required
  908  transaction history, transaction information, or transaction
  909  statement pedigree paper is nonexistent, fraudulent, or
  910  incomplete under the requirements of this part or applicable
  911  rules, or that has been purchased, held, sold, or distributed at
  912  any time by a person not authorized under federal or state law
  913  to do so.; or
  914         (11) If It is a prescription drug subject to, defined by,
  915  or described by s. 503(b) of the Federal Food, Drug, and
  916  Cosmetic Act which has been returned by a veterinarian to a
  917  limited prescription drug veterinary wholesale distributor.
  918         Section 5. Section 499.01, Florida Statutes, is amended to
  919  read:
  920         499.01 Permits.—
  921         (1) Before Prior to operating, a permit is required for
  922  each person and establishment that intends to operate as:
  923         (a) A prescription drug manufacturer;
  924         (b) A prescription drug repackager;
  925         (c) A nonresident prescription drug manufacturer;
  926         (d)A nonresident prescription drug repackager;
  927         (e)(d) A prescription drug wholesale distributor;
  928         (f)(e) An out-of-state prescription drug wholesale
  929  distributor;
  930         (g)(f) A retail pharmacy drug wholesale distributor;
  931         (h)(g) A restricted prescription drug distributor;
  932         (i)(h) A complimentary drug distributor;
  933         (j)(i) A freight forwarder;
  934         (k)(j) A veterinary prescription drug retail establishment;
  935         (l)(k) A veterinary prescription drug wholesale
  936  distributor;
  937         (m)(l) A limited prescription drug veterinary wholesale
  938  distributor;
  939         (n)(m) An over-the-counter drug manufacturer;
  940         (o)(n) A device manufacturer;
  941         (p)(o) A cosmetic manufacturer;
  942         (q)(p) A third party logistics provider; or
  943         (r)(q) A health care clinic establishment.
  944         (2) The following permits are established:
  945         (a) Prescription drug manufacturer permit.—A prescription
  946  drug manufacturer permit is required for any person that is a
  947  manufacturer of a prescription drug and that manufactures or
  948  distributes such prescription drugs in this state.
  949         1. A person that operates an establishment permitted as a
  950  prescription drug manufacturer may engage in wholesale
  951  distribution of prescription drugs for which the person is the
  952  manufacturer manufactured at that establishment and must comply
  953  with s. 499.0121 and all other of the provisions of this part,
  954  except s. 499.01212, and the rules adopted under this part,
  955  except s. 499.01212, which apply to a wholesale distributor. The
  956  department shall adopt rules for issuing a virtual prescription
  957  drug manufacturer permit to a person who engages in the
  958  manufacture of prescription drugs but does not make or take
  959  physical possession of any prescription drugs. The rules adopted
  960  by the department under this section may exempt virtual
  961  manufacturers from certain establishment, security, and storage
  962  requirements set forth in s. 499.0121.
  963         2. A prescription drug manufacturer must comply with all
  964  appropriate state and federal good manufacturing practices.
  965         3. A blood establishment, as defined in s. 381.06014,
  966  operating in a manner consistent with the provisions of 21
  967  C.F.R. parts 211 and 600-640, and manufacturing only the
  968  prescription drugs described in s. 499.003(48)(j) 499.003(53)(d)
  969  is not required to be permitted as a prescription drug
  970  manufacturer under this paragraph or to register products under
  971  s. 499.015.
  972         (b) Prescription drug repackager permit.—A prescription
  973  drug repackager permit is required for any person that
  974  repackages a prescription drug in this state.
  975         1. A person that operates an establishment permitted as a
  976  prescription drug repackager may engage in wholesale
  977  distribution of prescription drugs repackaged at that
  978  establishment and must comply with all of the provisions of this
  979  part and the rules adopted under this part that apply to a
  980  prescription drug manufacturer wholesale distributor.
  981         2. A prescription drug repackager must comply with all
  982  appropriate state and federal good manufacturing practices.
  983         (c) Nonresident prescription drug manufacturer permit.—A
  984  nonresident prescription drug manufacturer permit is required
  985  for any person that is a manufacturer of prescription drugs,
  986  unless permitted as a third party logistics provider, located
  987  outside of this state or outside the United States and that
  988  engages in the wholesale distribution in this state of such
  989  prescription drugs. Each such manufacturer must be permitted by
  990  the department and comply with all of the provisions required of
  991  a prescription drug manufacturer wholesale distributor under
  992  this part, except s. 499.01212. The department shall adopt rules
  993  for issuing a virtual nonresident prescription drug manufacturer
  994  permit to a person who engages in the manufacture of
  995  prescription drugs but does not make or take physical possession
  996  of any prescription drugs. The rules adopted by the department
  997  under this section may exempt virtual nonresident manufacturers
  998  from certain establishment, security, and storage requirements
  999  set forth in s. 499.0121.
 1000         1. A person that distributes prescription drugs for which
 1001  the person is not the manufacturer must also obtain an out-of
 1002  state prescription drug wholesale distributor permit or third
 1003  party logistics provider permit pursuant to this section to
 1004  engage in the wholesale distribution of such prescription drugs
 1005  when required by this part. This subparagraph does not apply to
 1006  a manufacturer that distributes prescription drugs only for the
 1007  manufacturer of the prescription drugs where both manufacturers
 1008  are affiliates as defined in s. 499.003(30)(e).
 1009         2. Any such person must comply with the licensing or
 1010  permitting requirements of the jurisdiction in which the
 1011  establishment is located and the federal act, and any
 1012  prescription drug distributed product wholesaled into this state
 1013  must comply with this part. If a person intends to import
 1014  prescription drugs from a foreign country into this state, the
 1015  nonresident prescription drug manufacturer must provide to the
 1016  department a list identifying each prescription drug it intends
 1017  to import and document approval by the United States Food and
 1018  Drug Administration for such importation.
 1019         (d)Nonresident prescription drug repackager permit.–A
 1020  nonresident prescription drug repackager permit is required for
 1021  any person located outside of this state, but within the United
 1022  States or its territories, that repackages prescription drugs
 1023  and engages in the distribution of such prescription drugs into
 1024  this state.
 1025         1.A nonresident prescription drug repackager must comply
 1026  with all of the provisions of this section and the rules adopted
 1027  under this section that apply to a prescription drug
 1028  manufacturer.
 1029         2.A nonresident prescription drug repackager must be
 1030  permitted by the department and comply with all appropriate
 1031  state and federal good manufacturing practices.
 1032         3.A nonresident prescription drug repackager must be
 1033  registered as a drug establishment with the United States Food
 1034  and Drug Administration.
 1035         (e)(d)Prescription drug wholesale distributor permit.—A
 1036  prescription drug wholesale distributor permit is required for
 1037  any person who is a wholesale distributor of prescription drugs
 1038  and that may engage in the wholesale distributes such
 1039  distribution of prescription drugs in this state. A prescription
 1040  drug wholesale distributor that applies to the department for a
 1041  new permit or the renewal of a permit must submit a bond of
 1042  $100,000, or other equivalent means of security acceptable to
 1043  the department, such as an irrevocable letter of credit or a
 1044  deposit in a trust account or financial institution, payable to
 1045  the Professional Regulation Trust Fund. The purpose of the bond
 1046  is to secure payment of any administrative penalties imposed by
 1047  the department and any fees and costs incurred by the department
 1048  regarding that permit which are authorized under state law and
 1049  which the permittee fails to pay 30 days after the fine or costs
 1050  become final. The department may make a claim against such bond
 1051  or security until 1 year after the permittee’s license ceases to
 1052  be valid or until 60 days after any administrative or legal
 1053  proceeding authorized in this part which involves the permittee
 1054  is concluded, including any appeal, whichever occurs later. The
 1055  department may adopt rules for issuing a prescription drug
 1056  wholesale distributor-broker permit to a person who engages in
 1057  the wholesale distribution of prescription drugs and does not
 1058  take physical possession of any prescription drugs.
 1059         (f)(e)Out-of-state prescription drug wholesale distributor
 1060  permit.—An out-of-state prescription drug wholesale distributor
 1061  permit is required for any person that is a wholesale
 1062  distributor located outside this state, but within the United
 1063  States or its territories, which engages in the wholesale
 1064  distribution of prescription drugs into this state and which
 1065  must be permitted by the department and comply with all the
 1066  provisions required of a wholesale distributor under this part.
 1067  An out-of-state prescription drug wholesale distributor that
 1068  applies to the department for a new permit or the renewal of a
 1069  permit must submit a bond of $100,000, or other equivalent means
 1070  of security acceptable to the department, such as an irrevocable
 1071  letter of credit or a deposit in a trust account or financial
 1072  institution, payable to the Professional Regulation Trust Fund.
 1073  The purpose of the bond is to secure payment of any
 1074  administrative penalties imposed by the department and any fees
 1075  and costs incurred by the department regarding that permit which
 1076  are authorized under state law and which the permittee fails to
 1077  pay 30 days after the fine or costs become final. The department
 1078  may make a claim against such bond or security until 1 year
 1079  after the permittee’s license ceases to be valid or until 60
 1080  days after any administrative or legal proceeding authorized in
 1081  this part which involves the permittee is concluded, including
 1082  any appeal, whichever occurs later. The out-of-state
 1083  prescription drug wholesale distributor must maintain at all
 1084  times a license or permit to engage in the wholesale
 1085  distribution of prescription drugs in compliance with laws of
 1086  the state in which it is a resident. If the state from which the
 1087  wholesale distributor distributes prescription drugs does not
 1088  require a license to engage in the wholesale distribution of
 1089  prescription drugs, the distributor must be licensed as a
 1090  wholesale distributor as required by the federal act.
 1091         (g)(f)Retail pharmacy drug wholesale distributor permit.—A
 1092  retail pharmacy drug wholesale distributor is a retail pharmacy
 1093  engaged in wholesale distribution of prescription drugs within
 1094  this state under the following conditions:
 1095         1. The pharmacy must obtain a retail pharmacy drug
 1096  wholesale distributor permit pursuant to this part and the rules
 1097  adopted under this part.
 1098         2. The wholesale distribution activity does not exceed 30
 1099  percent of the total annual purchases of prescription drugs. If
 1100  the wholesale distribution activity exceeds the 30-percent
 1101  maximum, the pharmacy must obtain a prescription drug wholesale
 1102  distributor permit.
 1103         3. The transfer of prescription drugs that appear in any
 1104  schedule contained in chapter 893 is subject to chapter 893 and
 1105  the federal Comprehensive Drug Abuse Prevention and Control Act
 1106  of 1970.
 1107         4. The transfer is between a retail pharmacy and another
 1108  retail pharmacy, or a Modified Class II institutional pharmacy,
 1109  or a health care practitioner licensed in this state and
 1110  authorized by law to dispense or prescribe prescription drugs.
 1111         5. All records of sales of prescription drugs subject to
 1112  this section must be maintained separate and distinct from other
 1113  records and comply with the recordkeeping requirements of this
 1114  part.
 1115         (h)(g)Restricted prescription drug distributor permit.—
 1116         1. A restricted prescription drug distributor permit is
 1117  required for:
 1118         a. Any person located in this state who engages in the
 1119  distribution of a prescription drug, which distribution is not
 1120  considered “wholesale distribution” under s. 499.003(48)(a)
 1121  499.003(53)(a).
 1122         b. Any person located in this state who engages in the
 1123  receipt or distribution of a prescription drug in this state for
 1124  the purpose of processing its return or its destruction if such
 1125  person is not the person initiating the return, the prescription
 1126  drug wholesale supplier of the person initiating the return, or
 1127  the manufacturer of the drug.
 1128         c. A blood establishment located in this state which
 1129  collects blood and blood components only from volunteer donors
 1130  as defined in s. 381.06014 or pursuant to an authorized
 1131  practitioner’s order for medical treatment or therapy and
 1132  engages in the wholesale distribution of a prescription drug not
 1133  described in s. 499.003(48)(j) 499.003(53)(d) to a health care
 1134  entity. A mobile blood unit operated by a blood establishment
 1135  permitted under this sub-subparagraph is not required to be
 1136  separately permitted. The health care entity receiving a
 1137  prescription drug distributed under this sub-subparagraph must
 1138  be licensed as a closed pharmacy or provide health care services
 1139  at that establishment. The blood establishment must operate in
 1140  accordance with s. 381.06014 and may distribute only:
 1141         (I) Prescription drugs indicated for a bleeding or clotting
 1142  disorder or anemia;
 1143         (II) Blood-collection containers approved under s. 505 of
 1144  the federal act;
 1145         (III) Drugs that are blood derivatives, or a recombinant or
 1146  synthetic form of a blood derivative;
 1147         (IV) Prescription drugs that are identified in rules
 1148  adopted by the department and that are essential to services
 1149  performed or provided by blood establishments and authorized for
 1150  distribution by blood establishments under federal law; or
 1151         (V) To the extent authorized by federal law, drugs
 1152  necessary to collect blood or blood components from volunteer
 1153  blood donors; for blood establishment personnel to perform
 1154  therapeutic procedures under the direction and supervision of a
 1155  licensed physician; and to diagnose, treat, manage, and prevent
 1156  any reaction of a volunteer blood donor or a patient undergoing
 1157  a therapeutic procedure performed under the direction and
 1158  supervision of a licensed physician,
 1159  
 1160  as long as all of the health care services provided by the blood
 1161  establishment are related to its activities as a registered
 1162  blood establishment or the health care services consist of
 1163  collecting, processing, storing, or administering human
 1164  hematopoietic stem cells or progenitor cells or performing
 1165  diagnostic testing of specimens if such specimens are tested
 1166  together with specimens undergoing routine donor testing. The
 1167  blood establishment may purchase and possess the drugs described
 1168  in this sub-subparagraph without a health care clinic
 1169  establishment permit.
 1170         2. Storage, handling, and recordkeeping of these
 1171  distributions by a person required to be permitted as a
 1172  restricted prescription drug distributor must be in accordance
 1173  with the requirements for wholesale distributors under s.
 1174  499.0121, but not those set forth in s. 499.01212 if the
 1175  distribution occurs pursuant to sub-subparagraph 1.a. or sub
 1176  subparagraph 1.b.
 1177         3. A person who applies for a permit as a restricted
 1178  prescription drug distributor, or for the renewal of such a
 1179  permit, must provide to the department the information required
 1180  under s. 499.012.
 1181         4. The department may adopt rules regarding the
 1182  distribution of prescription drugs by hospitals, health care
 1183  entities, charitable organizations, other persons not involved
 1184  in wholesale distribution, and blood establishments, which rules
 1185  are necessary for the protection of the public health, safety,
 1186  and welfare.
 1187         5.A restricted prescription drug distributor permit is not
 1188  required for distributions between pharmacies that each hold an
 1189  active permit under chapter 465, have a common ownership, and
 1190  are operating in a freestanding end-stage renal dialysis clinic,
 1191  if such distributions are made to meet the immediate emergency
 1192  medical needs of specifically identified patients and do not
 1193  occur with such frequency as to amount to the regular and
 1194  systematic supplying of that drug between the pharmacies. The
 1195  department shall adopt rules establishing when the distribution
 1196  of a prescription drug under this subparagraph amounts to the
 1197  regular and systematic supplying of that drug.
 1198         (i)(h)Complimentary drug distributor permit.—A
 1199  complimentary drug distributor permit is required for any person
 1200  that engages in the distribution of a complimentary drug,
 1201  subject to the requirements of s. 499.028.
 1202         (j)(i)Freight forwarder permit.—A freight forwarder permit
 1203  is required for any person that engages in the distribution of a
 1204  prescription drug as a freight forwarder unless the person is a
 1205  common carrier. The storage, handling, and recordkeeping of such
 1206  distributions must comply with the requirements for wholesale
 1207  distributors under s. 499.0121, but not those set forth in s.
 1208  499.01212. A freight forwarder must provide the source of the
 1209  prescription drugs with a validated airway bill, bill of lading,
 1210  or other appropriate documentation to evidence the exportation
 1211  of the product.
 1212         (k)(j)Veterinary prescription drug retail establishment
 1213  permit.—A veterinary prescription drug retail establishment
 1214  permit is required for any person that sells veterinary
 1215  prescription drugs to the public but does not include a pharmacy
 1216  licensed under chapter 465.
 1217         1. The sale to the public must be based on a valid written
 1218  order from a veterinarian licensed in this state who has a valid
 1219  client-veterinarian relationship with the purchaser’s animal.
 1220         2. Veterinary prescription drugs may not be sold in excess
 1221  of the amount clearly indicated on the order or beyond the date
 1222  indicated on the order.
 1223         3. An order may not be valid for more than 1 year.
 1224         4. A veterinary prescription drug retail establishment may
 1225  not purchase, sell, trade, or possess human prescription drugs
 1226  or any controlled substance as defined in chapter 893.
 1227         5. A veterinary prescription drug retail establishment must
 1228  sell a veterinary prescription drug in the original, sealed
 1229  manufacturer’s container with all labeling intact and legible.
 1230  The department may adopt by rule additional labeling
 1231  requirements for the sale of a veterinary prescription drug.
 1232         6. A veterinary prescription drug retail establishment must
 1233  comply with all of the wholesale distribution requirements of s.
 1234  499.0121.
 1235         7. Prescription drugs sold by a veterinary prescription
 1236  drug retail establishment pursuant to a practitioner’s order may
 1237  not be returned into the retail establishment’s inventory.
 1238         (l)(k)Veterinary prescription drug wholesale distributor
 1239  permit.—A veterinary prescription drug wholesale distributor
 1240  permit is required for any person that engages in the
 1241  distribution of veterinary prescription drugs in or into this
 1242  state. A veterinary prescription drug wholesale distributor that
 1243  also distributes prescription drugs subject to, defined by, or
 1244  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1245  Act which it did not manufacture must obtain a permit as a
 1246  prescription drug wholesale distributor, an out-of-state
 1247  prescription drug wholesale distributor, or a limited
 1248  prescription drug veterinary wholesale distributor in lieu of
 1249  the veterinary prescription drug wholesale distributor permit. A
 1250  veterinary prescription drug wholesale distributor must comply
 1251  with the requirements for wholesale distributors under s.
 1252  499.0121, but not those set forth in s. 499.01212.
 1253         (m)(l)Limited prescription drug veterinary wholesale
 1254  distributor permit.—Unless engaging in the activities of and
 1255  permitted as a prescription drug manufacturer, nonresident
 1256  prescription drug manufacturer, prescription drug wholesale
 1257  distributor, or out-of-state prescription drug wholesale
 1258  distributor, a limited prescription drug veterinary wholesale
 1259  distributor permit is required for any person that engages in
 1260  the distribution in or into this state of veterinary
 1261  prescription drugs and prescription drugs subject to, defined
 1262  by, or described by s. 503(b) of the Federal Food, Drug, and
 1263  Cosmetic Act under the following conditions:
 1264         1. The person is engaged in the business of wholesaling
 1265  prescription and veterinary prescription drugs to persons:
 1266         a. Licensed as veterinarians practicing on a full-time
 1267  basis;
 1268         b. Regularly and lawfully engaged in instruction in
 1269  veterinary medicine;
 1270         c. Regularly and lawfully engaged in law enforcement
 1271  activities;
 1272         d. For use in research not involving clinical use; or
 1273         e. For use in chemical analysis or physical testing or for
 1274  purposes of instruction in law enforcement activities, research,
 1275  or testing.
 1276         2. No more than 30 percent of total annual prescription
 1277  drug sales may be prescription drugs approved for human use
 1278  which are subject to, defined by, or described by s. 503(b) of
 1279  the Federal Food, Drug, and Cosmetic Act.
 1280         3. The person does not distribute in any jurisdiction
 1281  prescription drugs subject to, defined by, or described by s.
 1282  503(b) of the Federal Food, Drug, and Cosmetic Act to any person
 1283  who is authorized to sell, distribute, purchase, trade, or use
 1284  these drugs on or for humans.
 1285         4. A limited prescription drug veterinary wholesale
 1286  distributor that applies to the department for a new permit or
 1287  the renewal of a permit must submit a bond of $20,000, or other
 1288  equivalent means of security acceptable to the department, such
 1289  as an irrevocable letter of credit or a deposit in a trust
 1290  account or financial institution, payable to the Professional
 1291  Regulation Trust Fund. The purpose of the bond is to secure
 1292  payment of any administrative penalties imposed by the
 1293  department and any fees and costs incurred by the department
 1294  regarding that permit which are authorized under state law and
 1295  which the permittee fails to pay 30 days after the fine or costs
 1296  become final. The department may make a claim against such bond
 1297  or security until 1 year after the permittee’s license ceases to
 1298  be valid or until 60 days after any administrative or legal
 1299  proceeding authorized in this part which involves the permittee
 1300  is concluded, including any appeal, whichever occurs later.
 1301         5. A limited prescription drug veterinary wholesale
 1302  distributor must maintain at all times a license or permit to
 1303  engage in the wholesale distribution of prescription drugs in
 1304  compliance with laws of the state in which it is a resident.
 1305         6. A limited prescription drug veterinary wholesale
 1306  distributor must comply with the requirements for wholesale
 1307  distributors under s. ss. 499.0121 and 499.01212, except that a
 1308  limited prescription drug veterinary wholesale distributor is
 1309  not required to provide a pedigree paper as required by s.
 1310  499.01212 upon the wholesale distribution of a prescription drug
 1311  to a veterinarian.
 1312         7. A limited prescription drug veterinary wholesale
 1313  distributor may not return to inventory for subsequent wholesale
 1314  distribution any prescription drug subject to, defined by, or
 1315  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1316  Act which has been returned by a veterinarian.
 1317         8. A limited prescription drug veterinary wholesale
 1318  distributor permit is not required for an intracompany sale or
 1319  transfer of a prescription drug from an out-of-state
 1320  establishment that is duly licensed to engage in the wholesale
 1321  distribution of prescription drugs in its state of residence to
 1322  a licensed limited prescription drug veterinary wholesale
 1323  distributor in this state if both wholesale distributors conduct
 1324  wholesale distributions of prescription drugs under the same
 1325  business name. The recordkeeping requirements of s. ss.
 1326  499.0121(6) and 499.01212 must be followed for this transaction.
 1327         (n)(m)Over-the-counter drug manufacturer permit.—An over
 1328  the-counter drug manufacturer permit is required for any person
 1329  that engages in the manufacture or repackaging of an over-the
 1330  counter drug.
 1331         1. An over-the-counter drug manufacturer may not possess or
 1332  purchase prescription drugs.
 1333         2. A pharmacy is exempt from obtaining an over-the-counter
 1334  drug manufacturer permit if it is operating in compliance with
 1335  pharmacy practice standards as defined in chapter 465 and the
 1336  rules adopted under that chapter.
 1337         3. An over-the-counter drug manufacturer must comply with
 1338  all appropriate state and federal good manufacturing practices.
 1339         (o)(n)Device manufacturer permit.—
 1340         1. A device manufacturer permit is required for any person
 1341  that engages in the manufacture, repackaging, or assembly of
 1342  medical devices for human use in this state, except that a
 1343  permit is not required if:
 1344         a. The person is engaged only in manufacturing,
 1345  repackaging, or assembling a medical device pursuant to a
 1346  practitioner’s order for a specific patient; or
 1347         b. The person does not manufacture, repackage, or assemble
 1348  any medical devices or components for such devices, except those
 1349  devices or components which are exempt from registration
 1350  pursuant to s. 499.015(8).
 1351         2. A manufacturer or repackager of medical devices in this
 1352  state must comply with all appropriate state and federal good
 1353  manufacturing practices and quality system rules.
 1354         3. The department shall adopt rules related to storage,
 1355  handling, and recordkeeping requirements for manufacturers of
 1356  medical devices for human use.
 1357         (p)(o)Cosmetic manufacturer permit.—A cosmetic
 1358  manufacturer permit is required for any person that manufactures
 1359  or repackages cosmetics in this state. A person that only labels
 1360  or changes the labeling of a cosmetic but does not open the
 1361  container sealed by the manufacturer of the product is exempt
 1362  from obtaining a permit under this paragraph.
 1363         (q)(p)Third party logistics provider permit.—A third party
 1364  logistics provider permit is required for any person that
 1365  contracts with a prescription drug wholesale distributor or
 1366  prescription drug manufacturer to provide warehousing,
 1367  distribution, or other logistics services on behalf of a
 1368  manufacturer, or wholesale distributor, or dispenser, but who
 1369  does not take title to the prescription drug or have
 1370  responsibility to direct the sale or disposition of the
 1371  prescription drug. A third party logistics provider located
 1372  outside of this state, must be licensed in the state or
 1373  territory from which the prescription drug is distributed by the
 1374  third party logistics provider. If the state or territory from
 1375  which the third party logistics provider originates does not
 1376  require a license to operate as a third party logistics
 1377  provider, the third party logistics provider must be licensed as
 1378  a third party logistics provider as required by the federal act.
 1379  Each third party logistics provider permittee shall comply with
 1380  s. the requirements for wholesale distributors under ss.
 1381  499.0121 and 499.01212, with the exception of those wholesale
 1382  distributions described in s. 499.01212(3)(a), and other rules
 1383  that the department requires.
 1384         (r)(q)Health care clinic establishment permit.Effective
 1385  January 1, 2009, A health care clinic establishment permit is
 1386  required for the purchase of a prescription drug by a place of
 1387  business at one general physical location that provides health
 1388  care or veterinary services, which is owned and operated by a
 1389  business entity that has been issued a federal employer tax
 1390  identification number. For the purpose of this paragraph, the
 1391  term “qualifying practitioner” means a licensed health care
 1392  practitioner defined in s. 456.001, or a veterinarian licensed
 1393  under chapter 474, who is authorized under the appropriate
 1394  practice act to prescribe and administer a prescription drug.
 1395         1. An establishment must provide, as part of the
 1396  application required under s. 499.012, designation of a
 1397  qualifying practitioner who will be responsible for complying
 1398  with all legal and regulatory requirements related to the
 1399  purchase, recordkeeping, storage, and handling of the
 1400  prescription drugs. In addition, the designated qualifying
 1401  practitioner shall be the practitioner whose name, establishment
 1402  address, and license number is used on all distribution
 1403  documents for prescription drugs purchased or returned by the
 1404  health care clinic establishment. Upon initial appointment of a
 1405  qualifying practitioner, the qualifying practitioner and the
 1406  health care clinic establishment shall notify the department on
 1407  a form furnished by the department within 10 days after such
 1408  employment. In addition, the qualifying practitioner and health
 1409  care clinic establishment shall notify the department within 10
 1410  days after any subsequent change.
 1411         2. The health care clinic establishment must employ a
 1412  qualifying practitioner at each establishment.
 1413         3. In addition to the remedies and penalties provided in
 1414  this part, a violation of this chapter by the health care clinic
 1415  establishment or qualifying practitioner constitutes grounds for
 1416  discipline of the qualifying practitioner by the appropriate
 1417  regulatory board.
 1418         4. The purchase of prescription drugs by the health care
 1419  clinic establishment is prohibited during any period of time
 1420  when the establishment does not comply with this paragraph.
 1421         5. A health care clinic establishment permit is not a
 1422  pharmacy permit or otherwise subject to chapter 465. A health
 1423  care clinic establishment that meets the criteria of a modified
 1424  Class II institutional pharmacy under s. 465.019 is not eligible
 1425  to be permitted under this paragraph.
 1426         6. This paragraph does not apply to the purchase of a
 1427  prescription drug by a licensed practitioner under his or her
 1428  license.
 1429         (3) A nonresident prescription drug manufacturer permit is
 1430  not required for a manufacturer to distribute a prescription
 1431  drug active pharmaceutical ingredient that it manufactures to a
 1432  prescription drug manufacturer permitted in this state in
 1433  limited quantities intended for research and development and not
 1434  for resale or human use other than lawful clinical trials and
 1435  biostudies authorized and regulated by federal law. A
 1436  manufacturer claiming to be exempt from the permit requirements
 1437  of this subsection and the prescription drug manufacturer
 1438  purchasing and receiving the active pharmaceutical ingredient
 1439  shall comply with the recordkeeping requirements of s.
 1440  499.0121(6), but not the requirements of s. 499.01212. The
 1441  prescription drug manufacturer purchasing and receiving the
 1442  active pharmaceutical ingredient shall maintain on file a record
 1443  of the FDA registration number; if available, the out-of-state
 1444  license, permit, or registration number; and, if available, a
 1445  copy of the most current FDA inspection report, for all
 1446  manufacturers from whom they purchase active pharmaceutical
 1447  ingredients under this section. The department shall define the
 1448  term “limited quantities” by rule, and may include the allowable
 1449  number of transactions within a given period of time and the
 1450  amount of prescription drugs distributed into the state for
 1451  purposes of this exemption. The failure to comply with the
 1452  requirements of this subsection, or rules adopted by the
 1453  department to administer this subsection, for the purchase of
 1454  prescription drug active pharmaceutical ingredients is a
 1455  violation of s. 499.005(14), and a knowing failure is a
 1456  violation of s. 499.0051(3) 499.0051(4).
 1457         (a)The immediate package or container of a prescription
 1458  drug active pharmaceutical ingredient distributed into the state
 1459  that is intended for research and development under this
 1460  subsection shall bear a label prominently displaying the
 1461  statement: “Caution: Research and Development Only—Not for
 1462  Manufacturing, Compounding, or Resale.”
 1463         (b)A prescription drug manufacturer that obtains a
 1464  prescription drug active pharmaceutical ingredient under this
 1465  subsection for use in clinical trials and or biostudies
 1466  authorized and regulated by federal law must create and maintain
 1467  records detailing the specific clinical trials or biostudies for
 1468  which the prescription drug active pharmaceutical ingredient was
 1469  obtained.
 1470         (4)(a) A permit issued under this part is not required to
 1471  distribute a prescription drug active pharmaceutical ingredient
 1472  from an establishment located in the United States to an
 1473  establishment located in this state permitted as a prescription
 1474  drug manufacturer under this part for use by the recipient in
 1475  preparing, deriving, processing, producing, or fabricating a
 1476  prescription drug finished dosage form at the establishment in
 1477  this state where the product is received under an approved and
 1478  otherwise valid New Drug Approval Application, Abbreviated New
 1479  Drug Application, New Animal Drug Application, or Therapeutic
 1480  Biologic Application, provided that the application, active
 1481  pharmaceutical ingredient, or finished dosage form has not been
 1482  withdrawn or removed from the market in this country for public
 1483  health reasons.
 1484         1. Any distributor claiming exemption from permitting
 1485  requirements pursuant to this paragraph shall maintain a
 1486  license, permit, or registration to engage in the wholesale
 1487  distribution of prescription drugs under the laws of the state
 1488  from which the product is distributed. If the state from which
 1489  the prescription drugs are distributed does not require a
 1490  license to engage in the wholesale distribution of prescription
 1491  drugs, the distributor must be licensed as a wholesale
 1492  distributor as required by the federal act.
 1493         2. Any distributor claiming exemption from permitting
 1494  requirements pursuant to this paragraph and the prescription
 1495  drug manufacturer purchasing and receiving the active
 1496  pharmaceutical ingredient shall comply with the recordkeeping
 1497  requirements of s. 499.0121(6), but not the requirements of s.
 1498  499.01212.
 1499         (b) A permit issued under this part is not required to
 1500  distribute limited quantities of a prescription drug that has
 1501  not been repackaged from an establishment located in the United
 1502  States to an establishment located in this state permitted as a
 1503  prescription drug manufacturer under this part for research and
 1504  development or to a holder of a letter of exemption issued by
 1505  the department under s. 499.03(4) for research, teaching, or
 1506  testing. The department shall define “limited quantities” by
 1507  rule and may include the allowable number of transactions within
 1508  a given period of time and the amounts of prescription drugs
 1509  distributed into the state for purposes of this exemption.
 1510         1. Any distributor claiming exemption from permitting
 1511  requirements pursuant to this paragraph shall maintain a
 1512  license, permit, or registration to engage in the wholesale
 1513  distribution of prescription drugs under the laws of the state
 1514  from which the product is distributed. If the state from which
 1515  the prescription drugs are distributed does not require a
 1516  license to engage in the wholesale distribution of prescription
 1517  drugs, the distributor must be licensed as a wholesale
 1518  distributor as required by the federal act.
 1519         2. All purchasers and recipients of any prescription drugs
 1520  distributed pursuant to this paragraph shall ensure that the
 1521  products are not resold or used, directly or indirectly, on
 1522  humans except in lawful clinical trials and biostudies
 1523  authorized and regulated by federal law.
 1524         3. Any distributor claiming exemption from permitting
 1525  requirements pursuant to this paragraph, and the purchaser and
 1526  recipient of the prescription drug, shall comply with the
 1527  recordkeeping requirements of s. 499.0121(6), but not the
 1528  requirements of s. 499.01212.
 1529         4. The immediate package or container of any active
 1530  pharmaceutical ingredient distributed into the state that is
 1531  intended for teaching, testing, research, and development shall
 1532  bear a label prominently displaying the statement: “Caution:
 1533  Research, Teaching, or Testing Only – Not for Manufacturing,
 1534  Compounding, or Resale.”
 1535         (c) An out-of-state prescription drug wholesale distributor
 1536  permit is not required for an intracompany sale or transfer of a
 1537  prescription drug from an out-of-state establishment that is
 1538  duly licensed as a prescription drug wholesale distributor in
 1539  its state of residence to a licensed prescription drug wholesale
 1540  distributor in this state, if both wholesale distributors
 1541  conduct wholesale distributions of prescription drugs under the
 1542  same business name. The recordkeeping requirements of s. ss.
 1543  499.0121(6) and 499.01212 must be followed for such
 1544  transactions.
 1545         (d) Persons receiving prescription drugs from a source
 1546  claimed to be exempt from permitting requirements under this
 1547  subsection shall maintain on file:
 1548         1. A record of the FDA establishment registration number,
 1549  if any;
 1550         2. The resident state or federal license, registration, or
 1551  permit that authorizes the source to distribute prescription
 1552  drugs drug wholesale distribution license, permit, or
 1553  registration number; and
 1554         3. A copy of the most recent resident state or FDA
 1555  inspection report, for all distributors and establishments from
 1556  whom they purchase or receive prescription drugs under this
 1557  subsection.
 1558         (e) All persons claiming exemption from permitting
 1559  requirements pursuant to this subsection who engage in the
 1560  distribution of prescription drugs within or into the state are
 1561  subject to this part, including ss. 499.005 and 499.0051, and
 1562  shall make available, within 48 hours, to the department on
 1563  request all records related to any prescription drugs
 1564  distributed under this subsection, including those records
 1565  described in s. 499.051(4), regardless of the location where the
 1566  records are stored.
 1567         (f) A person purchasing and receiving a prescription drug
 1568  from a person claimed to be exempt from licensing requirements
 1569  pursuant to this subsection shall report to the department in
 1570  writing within 14 days after receiving any product that is
 1571  misbranded or adulterated or that fails to meet minimum
 1572  standards set forth in the official compendium or state or
 1573  federal good manufacturing practices for identity, purity,
 1574  potency, or sterility, regardless of whether the product is
 1575  thereafter rehabilitated, quarantined, returned, or destroyed.
 1576         (g) The department may adopt rules to administer this
 1577  subsection which are necessary for the protection of the public
 1578  health, safety, and welfare. Failure to comply with the
 1579  requirements of this subsection, or rules adopted by the
 1580  department to administer this subsection, is a violation of s.
 1581  499.005(14), and a knowing failure is a violation of s.
 1582  499.0051(3) 499.0051(4).
 1583         (h) This subsection does not relieve any person from any
 1584  requirement prescribed by law with respect to controlled
 1585  substances as defined in the applicable federal and state laws.
 1586         (5) A prescription drug repackager permit issued under this
 1587  part is not required for a restricted prescription drug
 1588  distributor permitholder that is a health care entity to
 1589  repackage prescription drugs in this state for its own use or
 1590  for distribution to hospitals or other health care entities in
 1591  the state for their own use, pursuant to s. 499.003(48)(a)3.
 1592  499.003(53)(a)3., if:
 1593         (a) The prescription drug distributor notifies the
 1594  department, in writing, of its intention to engage in
 1595  repackaging under this exemption, 30 days before engaging in the
 1596  repackaging of prescription drugs at the permitted
 1597  establishment;
 1598         (b) The prescription drug distributor is under common
 1599  control with the hospitals or other health care entities to
 1600  which the prescription drug distributor is distributing
 1601  prescription drugs. As used in this paragraph, “common control”
 1602  means the power to direct or cause the direction of the
 1603  management and policies of a person or an organization, whether
 1604  by ownership of stock, voting rights, contract, or otherwise;
 1605         (c) The prescription drug distributor repackages the
 1606  prescription drugs in accordance with current state and federal
 1607  good manufacturing practices; and
 1608         (d) The prescription drug distributor labels the
 1609  prescription drug it repackages in accordance with state and
 1610  federal laws and rules.
 1611  
 1612  The prescription drug distributor is exempt from the product
 1613  registration requirements of s. 499.015 with regard to the
 1614  prescription drugs that it repackages and distributes under this
 1615  subsection. A prescription drug distributor that repackages and
 1616  distributes prescription drugs under this subsection to a not
 1617  for-profit rural hospital, as defined in s. 395.602, is not
 1618  required to comply with paragraph (c) or paragraph (d), but must
 1619  provide to each health care entity for which it repackages, for
 1620  each prescription drug that is repackaged and distributed, the
 1621  information required by department rule for labeling
 1622  prescription drugs. The department shall adopt rules to ensure
 1623  the safety and integrity of prescription drugs repackaged and
 1624  distributed under this subsection, including rules regarding
 1625  prescription drug manufacturing and labeling requirements.
 1626         Section 6. Section 499.012, Florida Statutes, is amended to
 1627  read:
 1628         499.012 Permit application requirements.—
 1629         (1)(a) A permit issued pursuant to this part may be issued
 1630  only to a natural person who is at least 18 years of age or to
 1631  an applicant that is not a natural person if each person who,
 1632  directly or indirectly, manages, controls, or oversees the
 1633  operation of that applicant is at least 18 years of age.
 1634         (b) An establishment that is a place of residence may not
 1635  receive a permit and may not operate under this part.
 1636         (c) A person that applies for or renews a permit to
 1637  manufacture or distribute prescription drugs may not use a name
 1638  identical to the name used by any other establishment or
 1639  licensed person authorized to purchase prescription drugs in
 1640  this state, except that a restricted drug distributor permit
 1641  issued to a health care entity will be issued in the name in
 1642  which the institutional pharmacy permit is issued and a retail
 1643  pharmacy drug wholesale distributor will be issued a permit in
 1644  the name of its retail pharmacy permit.
 1645         (d) A permit for a prescription drug manufacturer,
 1646  prescription drug repackager, prescription drug wholesale
 1647  distributor, limited prescription drug veterinary wholesale
 1648  distributor, or retail pharmacy drug wholesale distributor may
 1649  not be issued to the address of a health care entity or to a
 1650  pharmacy licensed under chapter 465, except as provided in this
 1651  paragraph. The department may issue a prescription drug
 1652  manufacturer permit to an applicant at the same address as a
 1653  licensed nuclear pharmacy, which is a health care entity, even
 1654  if the nuclear pharmacy holds a special sterile compounding
 1655  permit under chapter 465, for the purpose of manufacturing
 1656  prescription drugs used in positron emission tomography or other
 1657  radiopharmaceuticals, as listed in a rule adopted by the
 1658  department pursuant to this paragraph. The purpose of this
 1659  exemption is to assure availability of state-of-the-art
 1660  pharmaceuticals that would pose a significant danger to the
 1661  public health if manufactured at a separate establishment
 1662  address from the nuclear pharmacy from which the prescription
 1663  drugs are dispensed. The department may also issue a retail
 1664  pharmacy drug wholesale distributor permit to the address of a
 1665  community pharmacy licensed under chapter 465, even if the
 1666  community pharmacy holds a special sterile compounding permit
 1667  under chapter 465, as long as the community pharmacy which does
 1668  not meet the definition of a closed pharmacy in s. 499.003.
 1669         (e) A county or municipality may not issue an occupational
 1670  license for any licensing period beginning on or after October
 1671  1, 2003, for any establishment that requires a permit pursuant
 1672  to this part, unless the establishment exhibits a current permit
 1673  issued by the department for the establishment. Upon
 1674  presentation of the requisite permit issued by the department,
 1675  an occupational license may be issued by the municipality or
 1676  county in which application is made. The department shall
 1677  furnish to local agencies responsible for issuing occupational
 1678  licenses a current list of all establishments licensed pursuant
 1679  to this part.
 1680         (2) Notwithstanding subsection (6), a permitted person in
 1681  good standing may change the type of permit issued to that
 1682  person by completing a new application for the requested permit,
 1683  paying the amount of the difference in the permit fees if the
 1684  fee for the new permit is more than the fee for the original
 1685  permit, and meeting the applicable permitting conditions for the
 1686  new permit type. The new permit expires on the expiration date
 1687  of the original permit being changed; however, a new permit for
 1688  a prescription drug wholesale distributor, an out-of-state
 1689  prescription drug wholesale distributor, or a retail pharmacy
 1690  drug wholesale distributor shall expire on the expiration date
 1691  of the original permit or 1 year after the date of issuance of
 1692  the new permit, whichever is earlier. A refund may not be issued
 1693  if the fee for the new permit is less than the fee that was paid
 1694  for the original permit.
 1695         (3)(a) A written application for a permit or to renew a
 1696  permit must be filed with the department on forms furnished by
 1697  the department. The department shall establish, by rule, the
 1698  form and content of the application to obtain or renew a permit.
 1699  The applicant must submit to the department with the application
 1700  a statement that swears or affirms that the information is true
 1701  and correct.
 1702         (b)Upon a determination that 2 years have elapsed since
 1703  the department notified an applicant for permit, certification,
 1704  or product registration of a deficiency in the application and
 1705  that the applicant has failed to cure the deficiency, the
 1706  application shall expire. The determination regarding the 2-year
 1707  lapse of time shall be based on documentation that the
 1708  department notified the applicant of the deficiency in
 1709  accordance with s. 120.60.
 1710         (c)Information submitted by an applicant on an application
 1711  required pursuant to this subsection which is a trade secret, as
 1712  defined in s. 812.081, shall be maintained by the department as
 1713  trade secret information pursuant to s. 499.051(7).
 1714         (4)(a) Except for a permit for a prescription drug
 1715  wholesale distributor or an out-of-state prescription drug
 1716  wholesale distributor, an application for a permit must include:
 1717         1. The name, full business address, and telephone number of
 1718  the applicant;
 1719         2. All trade or business names used by the applicant;
 1720         3. The address, telephone numbers, and the names of contact
 1721  persons for each facility used by the applicant for the storage,
 1722  handling, and distribution of prescription drugs;
 1723         4. The type of ownership or operation, such as a
 1724  partnership, corporation, or sole proprietorship; and
 1725         5. The names of the owner and the operator of the
 1726  establishment, including:
 1727         a. If an individual, the name of the individual;
 1728         b. If a partnership, the name of each partner and the name
 1729  of the partnership;
 1730         c. If a corporation, the name and title of each corporate
 1731  officer and director, the corporate names, and the name of the
 1732  state of incorporation;
 1733         d. If a sole proprietorship, the full name of the sole
 1734  proprietor and the name of the business entity;
 1735         e. If a limited liability company, the name of each member,
 1736  the name of each manager, the name of the limited liability
 1737  company, and the name of the state in which the limited
 1738  liability company was organized; and
 1739         f. Any other relevant information that the department
 1740  requires.
 1741         (b) Upon approval of the application by the department and
 1742  payment of the required fee, the department shall issue a permit
 1743  to the applicant, if the applicant meets the requirements of
 1744  this part and rules adopted under this part.
 1745         (c) Any change in information required under paragraph (a)
 1746  must be submitted to the department before the change occurs.
 1747         (d) The department shall consider, at a minimum, the
 1748  following factors in reviewing the qualifications of persons to
 1749  be permitted under this part:
 1750         1. The applicant’s having been found guilty, regardless of
 1751  adjudication, in a court of this state or other jurisdiction, of
 1752  a violation of a law that directly relates to a drug, device, or
 1753  cosmetic. A plea of nolo contendere constitutes a finding of
 1754  guilt for purposes of this subparagraph.
 1755         2. The applicant’s having been disciplined by a regulatory
 1756  agency in any state for any offense that would constitute a
 1757  violation of this part.
 1758         3. Any felony conviction of the applicant under a federal,
 1759  state, or local law;
 1760         4. The applicant’s past experience in manufacturing or
 1761  distributing drugs, devices, or cosmetics;
 1762         5. The furnishing by the applicant of false or fraudulent
 1763  material in any application made in connection with
 1764  manufacturing or distributing drugs, devices, or cosmetics;
 1765         6. Suspension or revocation by a federal, state, or local
 1766  government of any permit currently or previously held by the
 1767  applicant for the manufacture or distribution of any drugs,
 1768  devices, or cosmetics;
 1769         7. Compliance with permitting requirements under any
 1770  previously granted permits;
 1771         8. Compliance with requirements to maintain or make
 1772  available to the state permitting authority or to federal,
 1773  state, or local law enforcement officials those records required
 1774  under this section; and
 1775         9. Any other factors or qualifications the department
 1776  considers relevant to and consistent with the public health and
 1777  safety.
 1778         (5) Except for a permit for a prescription drug wholesale
 1779  distributor or an out-of-state prescription drug wholesale
 1780  distributor:
 1781         (a) The department shall adopt rules for the biennial
 1782  renewal of permits; however, the department may issue up to a 4
 1783  year permit to selected permittees notwithstanding any other
 1784  provision of law. Fees for such renewal may not exceed the fee
 1785  caps set forth in s. 499.041 on an annualized basis as
 1786  authorized by law.
 1787         (b) The department shall renew a permit upon receipt of the
 1788  renewal application and renewal fee if the applicant meets the
 1789  requirements established under this part and the rules adopted
 1790  under this part.
 1791         (c) At least 90 days before the expiration date of a
 1792  permit, the department shall forward a permit renewal
 1793  notification to the permittee at the mailing address of the
 1794  permitted establishment on file with the department. The permit
 1795  renewal notification must state conspicuously the date on which
 1796  the permit for the establishment will expire and that the
 1797  establishment may not operate unless the permit for the
 1798  establishment is renewed timely. A permit, unless sooner
 1799  suspended or revoked, automatically expires 2 years after the
 1800  last day of the anniversary month in which the permit was
 1801  originally issued.
 1802         (d) A permit issued under this part may be renewed by
 1803  making application for renewal on forms furnished by the
 1804  department and paying the appropriate fees.
 1805         1.If a prescription drug wholesale distributor or an out
 1806  of-state prescription drug wholesale distributor renewal
 1807  application and fee are submitted and postmarked later than 45
 1808  days before the expiration date of the permit, the permit may be
 1809  renewed only upon payment of a late renewal fee of $100, plus
 1810  the required renewal fee.
 1811         2. If any other a renewal application and fee are submitted
 1812  and postmarked after the expiration date of the permit, the
 1813  permit may be renewed only upon payment of a late renewal
 1814  delinquent fee of $100, plus the required renewal fee, not later
 1815  than 60 days after the expiration date.
 1816         3.A permittee who submits a renewal application in
 1817  accordance with this paragraph may continue to operate under its
 1818  permit, unless the permit is suspended or revoked, until final
 1819  disposition of the renewal application.
 1820         4.(d) Failure to renew a permit in accordance with this
 1821  section precludes any future renewal of that permit. If a permit
 1822  issued pursuant to this part has expired and cannot be renewed,
 1823  before an establishment may engage in activities that require a
 1824  permit under this part, the establishment must submit an
 1825  application for a new permit, pay the applicable application
 1826  fee, the initial permit fee, and all applicable penalties, and
 1827  be issued a new permit by the department.
 1828         (6) A permit issued by the department is nontransferable.
 1829  Each permit is valid only for the person or governmental unit to
 1830  which it is issued and is not subject to sale, assignment, or
 1831  other transfer, voluntarily or involuntarily; nor is a permit
 1832  valid for any establishment other than the establishment for
 1833  which it was originally issued.
 1834         (a) A person permitted under this part must notify the
 1835  department before making a change of address. The department
 1836  shall set a change of location fee not to exceed $100.
 1837         (b)1. An application for a new permit is required when a
 1838  majority of the ownership or controlling interest of a permitted
 1839  establishment is transferred or assigned or when a lessee agrees
 1840  to undertake or provide services to the extent that legal
 1841  liability for operation of the establishment will rest with the
 1842  lessee. The application for the new permit must be made before
 1843  the date of the sale, transfer, assignment, or lease.
 1844         2. A permittee that is authorized to distribute
 1845  prescription drugs may transfer such drugs to the new owner or
 1846  lessee under subparagraph 1. only after the new owner or lessee
 1847  has been approved for a permit to distribute prescription drugs.
 1848         (c) If an establishment permitted under this part closes,
 1849  the owner must notify the department in writing before the
 1850  effective date of closure and must:
 1851         1. Return the permit to the department;
 1852         2. If the permittee is authorized to distribute
 1853  prescription drugs, indicate the disposition of such drugs,
 1854  including the name, address, and inventory, and provide the name
 1855  and address of a person to contact regarding access to records
 1856  that are required to be maintained under this part. Transfer of
 1857  ownership of prescription drugs may be made only to persons
 1858  authorized to possess prescription drugs under this part.
 1859  
 1860  The department may revoke the permit of any person that fails to
 1861  comply with the requirements of this subsection.
 1862         (7) A permit must be posted in a conspicuous place on the
 1863  licensed premises.
 1864         (8) An application for a permit or to renew a permit for a
 1865  prescription drug wholesale distributor or an out-of-state
 1866  prescription drug wholesale distributor submitted to the
 1867  department must include:
 1868         (a) The name, full business address, and telephone number
 1869  of the applicant.
 1870         (b) All trade or business names used by the applicant.
 1871         (c) The address, telephone numbers, and the names of
 1872  contact persons for each facility used by the applicant for the
 1873  storage, handling, and distribution of prescription drugs.
 1874         (d) The type of ownership or operation, such as a
 1875  partnership, corporation, or sole proprietorship.
 1876         (e) The names of the owner and the operator of the
 1877  establishment, including:
 1878         1. If an individual, the name of the individual.
 1879         2. If a partnership, the name of each partner and the name
 1880  of the partnership.
 1881         3. If a corporation:
 1882         a. The name, address, and title of each corporate officer
 1883  and director.
 1884         b. The name and address of the corporation, resident agent
 1885  of the corporation, the resident agent’s address, and the
 1886  corporation’s state of incorporation.
 1887         c. The name and address of each shareholder of the
 1888  corporation that owns 5 percent or more of the outstanding stock
 1889  of the corporation.
 1890         4. If a sole proprietorship, the full name of the sole
 1891  proprietor and the name of the business entity.
 1892         5. If a limited liability company:
 1893         a. The name and address of each member.
 1894         b. The name and address of each manager.
 1895         c. The name and address of the limited liability company,
 1896  the resident agent of the limited liability company, and the
 1897  name of the state in which the limited liability company was
 1898  organized.
 1899         (f) If applicable, the name and address of each affiliate
 1900  of member of the affiliated group of which the applicant is a
 1901  member.
 1902         (g)1.The applicant’s gross annual receipts attributable to
 1903  prescription drug wholesale distribution activities for the
 1904  previous tax year. For an application for a new permit, the
 1905  estimated annual dollar volume of prescription drug sales of the
 1906  applicant, the estimated annual percentage of the applicant’s
 1907  total company sales that are prescription drugs, the applicant’s
 1908  estimated annual total dollar volume of purchases of
 1909  prescription drugs, and the applicant’s estimated annual total
 1910  dollar volume of prescription drug purchases directly from
 1911  manufacturers.
 1912         2.For an application to renew a permit, the total dollar
 1913  volume of prescription drug sales in the previous year, the
 1914  total dollar volume of prescription drug sales made in the
 1915  previous 6 months, the percentage of total company sales that
 1916  were prescription drugs in the previous year, the total dollar
 1917  volume of purchases of prescription drugs in the previous year,
 1918  and the total dollar volume of prescription drug purchases
 1919  directly from manufacturers in the previous year.
 1920  
 1921  Such portions of the information required pursuant to this
 1922  paragraph which are a trade secret, as defined in s. 812.081,
 1923  shall be maintained by the department as trade secret
 1924  information is required to be maintained under s. 499.051.
 1925         (h) The tax year of the applicant.
 1926         (i) A copy of the deed for the property on which
 1927  applicant’s establishment is located, if the establishment is
 1928  owned by the applicant, or a copy of the applicant’s lease for
 1929  the property on which applicant’s establishment is located that
 1930  has an original term of not less than 1 calendar year, if the
 1931  establishment is not owned by the applicant.
 1932         (j) A list of all licenses and permits issued to the
 1933  applicant by any other state which authorize the applicant to
 1934  purchase or possess prescription drugs.
 1935         (k) The name of the manager of the establishment that is
 1936  applying for the permit or to renew the permit, the next four
 1937  highest ranking employees responsible for prescription drug
 1938  wholesale operations for the establishment, and the name of all
 1939  affiliated parties for the establishment, together with the
 1940  personal information statement and fingerprints required
 1941  pursuant to subsection (9) for each of such persons.
 1942         (l) The name of each of the applicant’s designated
 1943  representatives as required by subsection (15) (16), together
 1944  with the personal information statement and fingerprints
 1945  required pursuant to subsection (9) for each such person.
 1946         (m) Evidence of a surety bond in this state or any other
 1947  state in the United States in the amount of $100,000. If the
 1948  annual gross receipts of the applicant’s previous tax year is
 1949  $10 million or less, evidence of a surety bond in the amount of
 1950  $25,000. The specific language of the surety bond must include
 1951  the State of Florida as a beneficiary, payable to the
 1952  Professional Regulation Trust Fund. In lieu of the surety bond,
 1953  the applicant may provide other equivalent security such as an
 1954  irrevocable letter of credit, or a deposit in a trust account or
 1955  financial institution, which includes the State of Florida as a
 1956  beneficiary, payable to the Professional Regulation Trust Fund.
 1957  The purpose of the bond or other security is to secure payment
 1958  of any administrative penalties imposed by the department and
 1959  any fees and costs incurred by the department regarding that
 1960  permit which are authorized under state law and which the
 1961  permittee fails to pay 30 days after the fine or costs become
 1962  final. The department may make a claim against such bond or
 1963  security until 1 year after the permittee’s license ceases to be
 1964  valid or until 60 days after any administrative or legal
 1965  proceeding authorized in this part which involves the permittee
 1966  is concluded, including any appeal, whichever occurs later. For
 1967  an applicant that is a secondary wholesale distributor, each of
 1968  the following:
 1969         1.A personal background information statement containing
 1970  the background information and fingerprints required pursuant to
 1971  subsection (9) for each person named in the applicant’s response
 1972  to paragraphs (k) and (l) and for each affiliated party of the
 1973  applicant.
 1974         2.If any of the five largest shareholders of the
 1975  corporation seeking the permit is a corporation, the name,
 1976  address, and title of each corporate officer and director of
 1977  each such corporation; the name and address of such corporation;
 1978  the name of such corporation’s resident agent, such
 1979  corporation’s resident agent’s address, and such corporation’s
 1980  state of its incorporation; and the name and address of each
 1981  shareholder of such corporation that owns 5 percent or more of
 1982  the stock of such corporation.
 1983         3.The name and address of all financial institutions in
 1984  which the applicant has an account which is used to pay for the
 1985  operation of the establishment or to pay for drugs purchased for
 1986  the establishment, together with the names of all persons that
 1987  are authorized signatories on such accounts. The portions of the
 1988  information required pursuant to this subparagraph which are a
 1989  trade secret, as defined in s. 812.081, shall be maintained by
 1990  the department as trade secret information is required to be
 1991  maintained under s. 499.051.
 1992         4.The sources of all funds and the amounts of such funds
 1993  used to purchase or finance purchases of prescription drugs or
 1994  to finance the premises on which the establishment is to be
 1995  located.
 1996         5.If any of the funds identified in subparagraph 4. were
 1997  borrowed, copies of all promissory notes or loans used to obtain
 1998  such funds.
 1999         (n)For establishments used in wholesale distribution,
 2000  proof of an inspection conducted by the department, the United
 2001  States Food and Drug Administration, or another governmental
 2002  entity charged with the regulation of good manufacturing
 2003  practices related to wholesale distribution of prescription
 2004  drugs, within timeframes set forth by the department in
 2005  departmental rules, which demonstrates substantial compliance
 2006  with current good manufacturing practices applicable to
 2007  wholesale distribution of prescription drugs. The department may
 2008  recognize another state’s inspection of a wholesale distributor
 2009  located in that state if such state’s laws are deemed to be
 2010  substantially equivalent to the law of this state by the
 2011  department. The department may accept an inspection by a third
 2012  party accreditation or inspection service which meets the
 2013  criteria set forth in department rule.
 2014         (o)(n) Any other relevant information that the department
 2015  requires, including, but not limited to, any information related
 2016  to whether the applicant satisfies the definition of a primary
 2017  wholesale distributor or a secondary wholesale distributor.
 2018         (p)(o) Documentation of the credentialing policies and
 2019  procedures required by s. 499.0121(15).
 2020         (9)(a) Each person required by subsection (8) or subsection
 2021  (15) to provide a personal information statement and
 2022  fingerprints shall provide the following information to the
 2023  department on forms prescribed by the department:
 2024         1. The person’s places of residence for the past 7 years.
 2025         2. The person’s date and place of birth.
 2026         3. The person’s occupations, positions of employment, and
 2027  offices held during the past 7 years.
 2028         4. The principal business and address of any business,
 2029  corporation, or other organization in which each such office of
 2030  the person was held or in which each such occupation or position
 2031  of employment was carried on.
 2032         5. Whether the person has been, during the past 7 years,
 2033  the subject of any proceeding for the revocation of any license
 2034  and, if so, the nature of the proceeding and the disposition of
 2035  the proceeding.
 2036         6. Whether, during the past 7 years, the person has been
 2037  enjoined, temporarily or permanently, by a court of competent
 2038  jurisdiction from violating any federal or state law regulating
 2039  the possession, control, or distribution of prescription drugs,
 2040  together with details concerning any such event.
 2041         7. A description of any involvement by the person with any
 2042  business, including any investments, other than the ownership of
 2043  stock in a publicly traded company or mutual fund, during the
 2044  past 4 7 years, which manufactured, administered, prescribed,
 2045  distributed, or stored pharmaceutical products and any lawsuits
 2046  in which such businesses were named as a party.
 2047         8. A description of any felony criminal offense of which
 2048  the person, as an adult, was found guilty, regardless of whether
 2049  adjudication of guilt was withheld or whether the person pled
 2050  guilty or nolo contendere. A criminal offense committed in
 2051  another jurisdiction which would have been a felony in this
 2052  state must be reported. If the person indicates that a criminal
 2053  conviction is under appeal and submits a copy of the notice of
 2054  appeal of that criminal offense, the applicant must, within 15
 2055  days after the disposition of the appeal, submit to the
 2056  department a copy of the final written order of disposition.
 2057         9. A photograph of the person taken in the previous 180 30
 2058  days.
 2059         10. A set of fingerprints for the person on a form and
 2060  under procedures specified by the department, together with
 2061  payment of an amount equal to the costs incurred by the
 2062  department for the criminal record check of the person.
 2063         11. The name, address, occupation, and date and place of
 2064  birth for each member of the person’s immediate family who is 18
 2065  years of age or older. As used in this subparagraph, the term
 2066  “member of the person’s immediate family” includes the person’s
 2067  spouse, children, parents, siblings, the spouses of the person’s
 2068  children, and the spouses of the person’s siblings.
 2069         12. Any other relevant information that the department
 2070  requires.
 2071         (b) The information required pursuant to paragraph (a)
 2072  shall be provided under oath.
 2073         (c) The department shall submit the fingerprints provided
 2074  by a person for initial licensure to the Department of Law
 2075  Enforcement for a statewide criminal record check and for
 2076  forwarding to the Federal Bureau of Investigation for a national
 2077  criminal record check of the person. The department shall submit
 2078  the fingerprints provided by a person as a part of a renewal
 2079  application to the Department of Law Enforcement for a statewide
 2080  criminal record check, and for forwarding to the Federal Bureau
 2081  of Investigation for a national criminal record check, for the
 2082  initial renewal of a permit after January 1, 2004; for any
 2083  subsequent renewal of a permit, the department shall submit the
 2084  required information for a statewide and national criminal
 2085  record check of the person. Any person who as a part of an
 2086  initial permit application or initial permit renewal after
 2087  January 1, 2004, submits to the department a set of fingerprints
 2088  required for the criminal record check required in this
 2089  paragraph are shall not be required to provide a subsequent set
 2090  of fingerprints for a criminal record check to the department,
 2091  if the person has undergone a criminal record check as a
 2092  condition of the issuance of an initial permit or the initial
 2093  renewal of a permit of an applicant after January 1, 2004. The
 2094  department is authorized to contract with private vendors, or
 2095  enter into interagency agreements, to collect electronic
 2096  fingerprints where fingerprints are required for registration,
 2097  certification, or the licensure process or where criminal
 2098  history record checks are required.
 2099         (d)For purposes of applying for renewal of a permit under
 2100  subsection (8) or certification under subsection (16), a person
 2101  may submit the following in lieu of satisfying the requirements
 2102  of paragraphs (a), (b), and (c):
 2103         1.A photograph of the individual taken within 180 days;
 2104  and
 2105         2.A copy of the personal information statement form most
 2106  recently submitted to the department and a certification under
 2107  oath, on a form specified by the department, that the individual
 2108  has reviewed the previously submitted personal information
 2109  statement form and that the information contained therein
 2110  remains unchanged.
 2111         (10) The department may deny an application for a permit or
 2112  refuse to renew a permit for a prescription drug wholesale
 2113  distributor or an out-of-state prescription drug wholesale
 2114  distributor if:
 2115         (a) The applicant has not met the requirements for the
 2116  permit.
 2117         (b) The management, officers, or directors of the applicant
 2118  or any affiliated party are found by the department to be
 2119  incompetent or untrustworthy.
 2120         (c) The applicant is so lacking in experience in managing a
 2121  wholesale distributor as to make the issuance of the proposed
 2122  permit hazardous to the public health.
 2123         (d) The applicant is so lacking in experience in managing a
 2124  wholesale distributor as to jeopardize the reasonable promise of
 2125  successful operation of the wholesale distributor.
 2126         (e) The applicant is lacking in experience in the
 2127  distribution of prescription drugs.
 2128         (f) The applicant’s past experience in manufacturing or
 2129  distributing prescription drugs indicates that the applicant
 2130  poses a public health risk.
 2131         (g) The applicant is affiliated directly or indirectly
 2132  through ownership, control, or other business relations, with
 2133  any person or persons whose business operations are or have been
 2134  detrimental to the public health.
 2135         (h) The applicant, or any affiliated party, has been found
 2136  guilty of or has pleaded guilty or nolo contendere to any felony
 2137  or crime punishable by imprisonment for 1 year or more under the
 2138  laws of the United States, any state, or any other country,
 2139  regardless of whether adjudication of guilt was withheld.
 2140         (i) The applicant or any affiliated party has been charged
 2141  with a felony in a state or federal court and the disposition of
 2142  that charge is pending during the application review or renewal
 2143  review period.
 2144         (j) The applicant has furnished false or fraudulent
 2145  information or material in any application made in this state or
 2146  any other state in connection with obtaining a permit or license
 2147  to manufacture or distribute drugs, devices, or cosmetics.
 2148         (k) That a federal, state, or local government permit
 2149  currently or previously held by the applicant, or any affiliated
 2150  party, for the manufacture or distribution of any drugs,
 2151  devices, or cosmetics has been disciplined, suspended, or
 2152  revoked and has not been reinstated.
 2153         (l) The applicant does not possess the financial or
 2154  physical resources to operate in compliance with the permit
 2155  being sought, this chapter, and the rules adopted under this
 2156  chapter.
 2157         (m) The applicant or any affiliated party receives,
 2158  directly or indirectly, financial support and assistance from a
 2159  person who was an affiliated party of a permittee whose permit
 2160  was subject to discipline or was suspended or revoked, other
 2161  than through the ownership of stock in a publicly traded company
 2162  or a mutual fund.
 2163         (n) The applicant or any affiliated party receives,
 2164  directly or indirectly, financial support and assistance from a
 2165  person who has been found guilty of any violation of this part
 2166  or chapter 465, chapter 501, or chapter 893, any rules adopted
 2167  under this part or those chapters, any federal or state drug
 2168  law, or any felony where the underlying facts related to drugs,
 2169  regardless of whether the person has been pardoned, had her or
 2170  his civil rights restored, or had adjudication withheld, other
 2171  than through the ownership of stock in a publicly traded company
 2172  or a mutual fund.
 2173         (o) The applicant for renewal of a permit under s.
 2174  499.01(2)(e) or (f) 499.01(2)(d) or (e) has not actively engaged
 2175  in the wholesale distribution of prescription drugs, as
 2176  demonstrated by the regular and systematic distribution of
 2177  prescription drugs throughout the year as evidenced by not fewer
 2178  than 12 wholesale distributions in the previous year and not
 2179  fewer than three wholesale distributions in the previous 6
 2180  months.
 2181         (p) Information obtained in response to s. 499.01(2)(e) or
 2182  (f) 499.01(2)(d) or (e) demonstrates it would not be in the best
 2183  interest of the public health, safety, and welfare to issue a
 2184  permit.
 2185         (q) The applicant does not possess the financial standing
 2186  and business experience for the successful operation of the
 2187  applicant.
 2188         (r) The applicant or any affiliated party has failed to
 2189  comply with the requirements for manufacturing or distributing
 2190  prescription drugs under this part, similar federal laws,
 2191  similar laws in other states, or the rules adopted under such
 2192  laws.
 2193         (11) Upon approval of the application by the department and
 2194  payment of the required fee, the department shall issue or renew
 2195  a prescription drug wholesale distributor or an out-of-state
 2196  prescription drug wholesale distributor permit to the applicant.
 2197         (12)For a permit for a prescription drug wholesale
 2198  distributor or an out-of-state prescription drug wholesale
 2199  distributor:
 2200         (a)The department shall adopt rules for the annual renewal
 2201  of permits. At least 90 days before the expiration of a permit,
 2202  the department shall forward a permit renewal notification and
 2203  renewal application to the prescription drug wholesale
 2204  distributor or out-of-state prescription drug wholesale
 2205  distributor at the mailing address of the permitted
 2206  establishment on file with the department. The permit renewal
 2207  notification must state conspicuously the date on which the
 2208  permit for the establishment will expire and that the
 2209  establishment may not operate unless the permit for the
 2210  establishment is renewed timely.
 2211         (b)A permit, unless sooner suspended or revoked,
 2212  automatically expires 1 year after the last day of the
 2213  anniversary month in which the permit was originally issued. A
 2214  permit may be renewed by making application for renewal on forms
 2215  furnished by the department and paying the appropriate fees. If
 2216  a renewal application and fee are submitted and postmarked after
 2217  45 days prior to the expiration date of the permit, the permit
 2218  may be renewed only upon payment of a late renewal fee of $100,
 2219  plus the required renewal fee. A permittee that has submitted a
 2220  renewal application in accordance with this paragraph may
 2221  continue to operate under its permit, unless the permit is
 2222  suspended or revoked, until final disposition of the renewal
 2223  application.
 2224         (c)Failure to renew a permit in accordance with this
 2225  section precludes any future renewal of that permit. If a permit
 2226  issued pursuant to this section has expired and cannot be
 2227  renewed, before an establishment may engage in activities that
 2228  require a permit under this part, the establishment must submit
 2229  an application for a new permit; pay the applicable application
 2230  fee, initial permit fee, and all applicable penalties; and be
 2231  issued a new permit by the department.
 2232         (12)(13) A person that engages in wholesale distribution of
 2233  prescription drugs in this state must have a wholesale
 2234  distributor’s permit issued by the department, except as noted
 2235  in this section. Each establishment must be separately permitted
 2236  except as noted in this subsection.
 2237         (a) A separate establishment permit is not required when a
 2238  permitted prescription drug wholesale distributor consigns a
 2239  prescription drug to a pharmacy that is permitted under chapter
 2240  465 and located in this state, provided that:
 2241         1. The consignor wholesale distributor notifies the
 2242  department in writing of the contract to consign prescription
 2243  drugs to a pharmacy along with the identity and location of each
 2244  consignee pharmacy;
 2245         2. The pharmacy maintains its permit under chapter 465;
 2246         3. The consignor wholesale distributor, which has no legal
 2247  authority to dispense prescription drugs, complies with all
 2248  wholesale distribution requirements of s. ss. 499.0121 and
 2249  499.01212 with respect to the consigned drugs and maintains
 2250  records documenting the transfer of title or other completion of
 2251  the wholesale distribution of the consigned prescription drugs;
 2252         4. The distribution of the prescription drug is otherwise
 2253  lawful under this chapter and other applicable law;
 2254         5. Open packages containing prescription drugs within a
 2255  pharmacy are the responsibility of the pharmacy, regardless of
 2256  how the drugs are titled; and
 2257         6. The pharmacy dispenses the consigned prescription drug
 2258  in accordance with the limitations of its permit under chapter
 2259  465 or returns the consigned prescription drug to the consignor
 2260  wholesale distributor. In addition, a person who holds title to
 2261  prescription drugs may transfer the drugs to a person permitted
 2262  or licensed to handle the reverse distribution or destruction of
 2263  drugs. Any other distribution by and means of the consigned
 2264  prescription drug by any person, not limited to the consignor
 2265  wholesale distributor or consignee pharmacy, to any other person
 2266  is prohibited.
 2267         (b) A wholesale distributor’s permit is not required for
 2268  the one-time transfer of title of a pharmacy’s lawfully acquired
 2269  prescription drug inventory by a pharmacy with a valid permit
 2270  issued under chapter 465 to a consignor prescription drug
 2271  wholesale distributor, permitted under this chapter, in
 2272  accordance with a written consignment agreement between the
 2273  pharmacy and that wholesale distributor if the permitted
 2274  pharmacy and the permitted prescription drug wholesale
 2275  distributor comply with all of the provisions of paragraph (a)
 2276  and the prescription drugs continue to be within the permitted
 2277  pharmacy’s inventory for dispensing in accordance with the
 2278  limitations of the pharmacy permit under chapter 465. A
 2279  consignor drug wholesale distributor may not use the pharmacy as
 2280  a wholesale distributor through which it distributes the
 2281  prescription drugs to other pharmacies. Nothing in this section
 2282  is intended to prevent a wholesale distributor from obtaining
 2283  this inventory in the event of nonpayment by the pharmacy.
 2284         (c) A separate establishment permit is not required when a
 2285  permitted prescription drug wholesale distributor operates
 2286  temporary transit storage facilities for the sole purpose of
 2287  storage, for up to 16 hours, of a delivery of prescription drugs
 2288  when the wholesale distributor was temporarily unable to
 2289  complete the delivery to the recipient.
 2290         (d) The department shall require information from each
 2291  wholesale distributor as part of the permit and renewal of such
 2292  permit, as required under this section.
 2293         (13)(14) Personnel employed in wholesale distribution must
 2294  have appropriate education and experience to enable them to
 2295  perform their duties in compliance with state permitting
 2296  requirements.
 2297         (14)(15) The name of a permittee or establishment on a
 2298  prescription drug wholesale distributor permit or an out-of
 2299  state prescription drug wholesale distributor permit may not
 2300  include any indicia of attainment of any educational degree, any
 2301  indicia that the permittee or establishment possesses a
 2302  professional license, or any name or abbreviation that the
 2303  department determines is likely to cause confusion or mistake or
 2304  that the department determines is deceptive, including that of
 2305  any other entity authorized to purchase prescription drugs.
 2306         (15)(16)(a) Each establishment that is issued an initial or
 2307  renewal permit as a prescription drug wholesale distributor or
 2308  an out-of-state prescription drug wholesale distributor must
 2309  designate in writing to the department at least one natural
 2310  person to serve as the designated representative of the
 2311  wholesale distributor. Such person must have an active
 2312  certification as a designated representative from the
 2313  department.
 2314         (b) To be certified as a designated representative, a
 2315  natural person must:
 2316         1. Submit an application on a form furnished by the
 2317  department and pay the appropriate fees.
 2318         2. Be at least 18 years of age.
 2319         3. Have at least 2 years of verifiable full-time:
 2320         a. Work experience in a pharmacy licensed in this state or
 2321  another state, where the person’s responsibilities included, but
 2322  were not limited to, recordkeeping for prescription drugs;
 2323         b. Managerial experience with a prescription drug wholesale
 2324  distributor licensed in this state or in another state; or
 2325         c. Managerial experience with the United States Armed
 2326  Forces, where the person’s responsibilities included, but were
 2327  not limited to, recordkeeping, warehousing, distributing, or
 2328  other logistics services pertaining to prescription drugs.
 2329         4. Receive a passing score of at least 75 percent on an
 2330  examination given by the department regarding federal laws
 2331  governing distribution of prescription drugs and this part and
 2332  the rules adopted by the department governing the wholesale
 2333  distribution of prescription drugs. This requirement shall be
 2334  effective 1 year after the results of the initial examination
 2335  are mailed to the persons that took the examination. The
 2336  department shall offer such examinations at least four times
 2337  each calendar year.
 2338         5. Provide the department with a personal information
 2339  statement and fingerprints pursuant to subsection (9).
 2340         (c) The department may deny an application for
 2341  certification as a designated representative or may suspend or
 2342  revoke a certification of a designated representative pursuant
 2343  to s. 499.067.
 2344         (d) A designated representative:
 2345         1. Must be actively involved in and aware of the actual
 2346  daily operation of the wholesale distributor.
 2347         2. Must be employed full time in a managerial position by
 2348  the wholesale distributor.
 2349         3. Must be physically present at the establishment during
 2350  normal business hours, except for time periods when absent due
 2351  to illness, family illness or death, scheduled vacation, or
 2352  other authorized absence.
 2353         4. May serve as a designated representative for only one
 2354  wholesale distributor at any one time.
 2355         (e) A wholesale distributor must notify the department when
 2356  a designated representative leaves the employ of the wholesale
 2357  distributor. Such notice must be provided to the department
 2358  within 10 business days after the last day of designated
 2359  representative’s employment with the wholesale distributor.
 2360         (f) A wholesale distributor may not operate under a
 2361  prescription drug wholesale distributor permit or an out-of
 2362  state prescription drug wholesale distributor permit for more
 2363  than 10 business days after the designated representative leaves
 2364  the employ of the wholesale distributor, unless the wholesale
 2365  distributor employs another designated representative and
 2366  notifies the department within 10 business days of the identity
 2367  of the new designated representative.
 2368         Section 7. Section 499.01201, Florida Statutes, is amended
 2369  to read:
 2370         499.01201 Agency for Health Care Administration review and
 2371  use of statute and rule violation or compliance data.
 2372  Notwithstanding any other provision provisions of law to the
 2373  contrary, the Agency for Health Care Administration may not:
 2374         (1) Review or use any violation or alleged violation of s.
 2375  499.0121(6) or s. 499.01212, or any rules adopted under that
 2376  section those sections, as a ground for denying or withholding
 2377  any payment of a Medicaid reimbursement to a pharmacy licensed
 2378  under chapter 465; or
 2379         (2) Review or use compliance with s. 499.0121(6) or s.
 2380  499.01212, or any rules adopted under that section those
 2381  sections, as the subject of any audit of Medicaid-related
 2382  records held by a pharmacy licensed under chapter 465.
 2383         Section 8. Paragraph (d) of subsection (4), subsection (6),
 2384  and paragraph (b) of subsection (15) of section 499.0121,
 2385  Florida Statutes, are amended to read:
 2386         499.0121 Storage and handling of prescription drugs;
 2387  recordkeeping.—The department shall adopt rules to implement
 2388  this section as necessary to protect the public health, safety,
 2389  and welfare. Such rules shall include, but not be limited to,
 2390  requirements for the storage and handling of prescription drugs
 2391  and for the establishment and maintenance of prescription drug
 2392  distribution records.
 2393         (4) EXAMINATION OF MATERIALS AND RECORDS.—
 2394         (d) Upon receipt, a wholesale distributor must review
 2395  records required under this section for the acquisition of
 2396  prescription drugs for accuracy and completeness, considering
 2397  the total facts and circumstances surrounding the transactions
 2398  and the wholesale distributors involved. This includes
 2399  authenticating each transaction listed on a pedigree paper, as
 2400  defined in s. 499.003(37).
 2401         (6) RECORDKEEPING.—The department shall adopt rules that
 2402  require keeping such records of prescription drugs, including
 2403  active pharmaceutical ingredients, as are necessary for the
 2404  protection of the public health.
 2405         (a) The following persons must maintain business records
 2406  that include the information specified in paragraph (b)
 2407  Wholesale distributors must establish and maintain inventories
 2408  and records of all transactions regarding the receipt and
 2409  distribution or other disposition of prescription drugs. These
 2410  records must provide a complete audit trail from receipt to sale
 2411  or other disposition, be readily retrievable for inspection, and
 2412  include, at a minimum, the following information:
 2413         1. Persons permitted or required to be permitted under
 2414  chapter 499 to engage in the manufacture, repackaging, or
 2415  distribution of active pharmaceutical ingredients or
 2416  prescription drugs. The source of the drugs, including the name
 2417  and principal address of the seller or transferor, and the
 2418  address of the location from which the drugs were shipped;
 2419         2. Persons other than those set forth in subparagraph 1.
 2420  that engage in the receipt of active pharmaceutical ingredients
 2421  or prescription drugs. The name, principal address, and state
 2422  license permit or registration number of the person authorized
 2423  to purchase prescription drugs;
 2424         3. The name, strength, dosage form, and quantity of the
 2425  drugs received and distributed or disposed of;
 2426         4. The dates of receipt and distribution or other
 2427  disposition of the drugs; and
 2428         5. Any financial documentation supporting the transaction.
 2429         (b) Business records for persons specified in paragraph (a)
 2430  must include:
 2431         1.The name and address of the seller, and the Florida
 2432  permit number of the seller if such seller is not exempt from
 2433  Florida permitting requirements, of the active pharmaceutical
 2434  ingredient or prescription drug.
 2435         2.The address of the location the active pharmaceutical
 2436  ingredient or prescription drug was shipped from.
 2437         3.The distribution date of the active pharmaceutical
 2438  ingredient or prescription drug.
 2439         4.The name, strength, and quantity, and the National Drug
 2440  Code if such code has been assigned, of the distributed active
 2441  pharmaceutical ingredient or prescription drug.
 2442         5.The name and Florida permit number of the person that
 2443  purchased the active pharmaceutical ingredient or prescription
 2444  drug.
 2445         6.The financial data, including the unit type and unit
 2446  price, for the distributions involving active pharmaceutical
 2447  ingredients or prescription drugs.
 2448         7.The date and method of disposition of the active
 2449  pharmaceutical ingredient or prescription drug. Inventories and
 2450  records must be made available for inspection and photocopying
 2451  by authorized federal, state, or local officials for a period of
 2452  2 years following disposition of the drugs or 3 years after the
 2453  creation of the records, whichever period is longer.
 2454         (c) Each manufacturer or repackager of medical devices,
 2455  over-the-counter drugs, or cosmetics must maintain business
 2456  records that include:
 2457         1.The name and address of the seller or transferor of the
 2458  product.
 2459         2.The address of the location the product was shipped
 2460  from.
 2461         3.The date of the sale or distribution of the product.
 2462         4.The name and quantity of the product involved.
 2463         5.The name and address of the person who purchased the
 2464  product Records described in this section that are kept at the
 2465  inspection site or that can be immediately retrieved by computer
 2466  or other electronic means must be readily available for
 2467  authorized inspection during the retention period. Records that
 2468  are kept at a central location outside of this state and that
 2469  are not electronically retrievable must be made available for
 2470  inspection within 2 working days after a request by an
 2471  authorized official of a federal, state, or local law
 2472  enforcement agency. Records that are maintained at a central
 2473  location within this state must be maintained at an
 2474  establishment that is permitted pursuant to this part and must
 2475  be readily available.
 2476         (d) Persons permitted, or required to be permitted, under
 2477  this chapter to engage in the manufacture, repackaging, or
 2478  distribution of active pharmaceutical ingredients or
 2479  prescription drugs; or the manufacture or repackaging of medical
 2480  devices, over-the-counter drugs, and cosmetics; must establish,
 2481  maintain, or have the capability to create a current inventory
 2482  of the active pharmaceutical ingredients, prescription drugs,
 2483  over-the-counter drugs, cosmetics, and devices at an
 2484  establishment where activities specified in this paragraph are
 2485  undertaken and must be able to produce such inventory for
 2486  inspection by the department within 2 business days Each
 2487  manufacturer or repackager of medical devices, over-the-counter
 2488  drugs, or cosmetics must maintain records that include the name
 2489  and principal address of the seller or transferor of the
 2490  product, the address of the location from which the product was
 2491  shipped, the date of the transaction, the name and quantity of
 2492  the product involved, and the name and principal address of the
 2493  person who purchased the product.
 2494         (e) Business records required to be kept pursuant to this
 2495  section, and that are kept at the inspection site or can be
 2496  immediately retrieved by computer or other electronic means,
 2497  must be readily available for authorized inspection during the
 2498  retention period. Records kept at a central location outside of
 2499  this state which are not electronically retrievable must be made
 2500  available for inspection within 2 working days after a request
 2501  by an authorized official of a federal, state, or local law
 2502  enforcement agency. Records maintained at a central location
 2503  within this state must be maintained at an establishment that is
 2504  permitted pursuant to this part and such records must be readily
 2505  available for inspection When pedigree papers are required by
 2506  this part, a wholesale distributor must maintain the pedigree
 2507  papers separate and distinct from other records required under
 2508  this part.
 2509         (f)Records required to be kept pursuant to this subsection
 2510  must be maintained as specified for a period of not less than 6
 2511  years from the date of disposition of the active pharmaceutical
 2512  ingredients, prescription drugs, over-the-counter drugs, medical
 2513  devices, or cosmetics.
 2514         (g)To the extent that prescription drugs are also products
 2515  as defined in the federal act, as amended, and the information
 2516  required by the business records requirements of this section
 2517  are also included in the tracking and tracing requirements of
 2518  the federal act, as amended, and departmental rules, the
 2519  manufacturer, wholesale distributor, repackager, or dispenser
 2520  must follow both the requirements of the federal act, as
 2521  amended, and departmental rules.
 2522         (15) DUE DILIGENCE OF PURCHASERS.—
 2523         (b) A wholesale distributor must take reasonable measures
 2524  to identify its customers, understand the normal and expected
 2525  transactions conducted by those customers, and identify those
 2526  transactions that are suspicious in nature. A wholesale
 2527  distributor must establish internal policies and procedures for
 2528  identifying suspicious orders and preventing suspicious
 2529  transactions. A wholesale distributor must assess orders for
 2530  more greater than 7,500 5,000 unit doses of any one controlled
 2531  substance in any one month to determine whether the purchase is
 2532  reasonable. In making such assessments, a wholesale distributor
 2533  may consider the purchasing entity’s clinical business needs,
 2534  location, and population served, in addition to other factors
 2535  established in the distributor’s policies and procedures. A
 2536  wholesale distributor must report to the department any
 2537  regulated transaction involving an extraordinary quantity of a
 2538  listed chemical, an uncommon method of payment or delivery, or
 2539  any other circumstance that the regulated person believes may
 2540  indicate that the listed chemical will be used in violation of
 2541  the law. The wholesale distributor shall maintain records that
 2542  document the report submitted to the department in compliance
 2543  with this paragraph.
 2544         Section 9. Subsection (4) of section 499.015, Florida
 2545  Statues, is amended to read:
 2546         499.015 Registration of drugs, devices, and cosmetics;
 2547  issuance of certificates of free sale.—
 2548         (4) Unless a registration is renewed, it expires 2 years
 2549  after the last day of the month in which it was issued. Any
 2550  product registration issued or renewed on or after July 1, 2016,
 2551  shall expire on the same date as the manufacturer or repackager
 2552  permit of the person seeking to register the product. If the
 2553  first product registration issued to a person on or after July
 2554  1, 2016, expires less than 366 days after issuance, the fee for
 2555  product registration shall be $15. If the first product
 2556  registration issued to a person on or after July 1, 2016,
 2557  expires more than 365 days after issuance, the fee for product
 2558  registration shall be $30. The department may issue a stop-sale
 2559  notice or order against a person that is subject to the
 2560  requirements of this section and that fails to comply with this
 2561  section within 31 days after the date the registration expires.
 2562  The notice or order shall prohibit such person from selling or
 2563  causing to be sold any drugs, devices, or cosmetics covered by
 2564  this part until he or she complies with the requirements of this
 2565  section.
 2566         Section 10. Subsection (1) of section 499.03, Florida
 2567  Statutes, is amended to read:
 2568         499.03 Possession of certain drugs without prescriptions
 2569  unlawful; exemptions and exceptions.—
 2570         (1) A person may not possess, or possess with intent to
 2571  sell, dispense, or deliver, any habit-forming, toxic, harmful,
 2572  or new drug subject to s. 499.003(32) 499.003(33), or
 2573  prescription drug as defined in s. 499.003(40) 499.003(43),
 2574  unless the possession of the drug has been obtained by a valid
 2575  prescription of a practitioner licensed by law to prescribe the
 2576  drug. However, this section does not apply to the delivery of
 2577  such drugs to persons included in any of the classes named in
 2578  this subsection, or to the agents or employees of such persons,
 2579  for use in the usual course of their businesses or practices or
 2580  in the performance of their official duties, as the case may be;
 2581  nor does this section apply to the possession of such drugs by
 2582  those persons or their agents or employees for such use:
 2583         (a) A licensed pharmacist or any person under the licensed
 2584  pharmacist’s supervision while acting within the scope of the
 2585  licensed pharmacist’s practice;
 2586         (b) A licensed practitioner authorized by law to prescribe
 2587  prescription drugs or any person under the licensed
 2588  practitioner’s supervision while acting within the scope of the
 2589  licensed practitioner’s practice;
 2590         (c) A qualified person who uses prescription drugs for
 2591  lawful research, teaching, or testing, and not for resale;
 2592         (d) A licensed hospital or other institution that procures
 2593  such drugs for lawful administration or dispensing by
 2594  practitioners;
 2595         (e) An officer or employee of a federal, state, or local
 2596  government; or
 2597         (f) A person that holds a valid permit issued by the
 2598  department pursuant to this part which authorizes that person to
 2599  possess prescription drugs.
 2600         Section 11. Paragraphs (i) through (p) of subsection (1) of
 2601  section 499.05, Florida Statutes, are amended to read:
 2602         499.05 Rules.—
 2603         (1) The department shall adopt rules to implement and
 2604  enforce this chapter with respect to:
 2605         (i) Additional conditions that qualify as an emergency
 2606  medical reason under s. 499.003(48)(b)2. 499.003(53)(b)2. or s.
 2607  499.82.
 2608         (j)Procedures and forms relating to the pedigree paper
 2609  requirement of s. 499.01212.
 2610         (j)(k) The protection of the public health, safety, and
 2611  welfare regarding good manufacturing practices that
 2612  manufacturers and repackagers must follow to ensure the safety
 2613  of the products.
 2614         (k)(l) Information required from each retail establishment
 2615  pursuant to s. 499.012(3) or s. 499.83(2)(c), including
 2616  requirements for prescriptions or orders.
 2617         (l)(m) The recordkeeping, storage, and handling with
 2618  respect to each of the distributions of prescription drugs
 2619  specified in s. 499.003(48)(a)-(v) 499.003(53)(a)-(d) or s.
 2620  499.82(14).
 2621         (n)Alternatives to compliance with s. 499.01212 for a
 2622  prescription drug in the inventory of a permitted prescription
 2623  drug wholesale distributor as of June 30, 2006, and the return
 2624  of a prescription drug purchased prior to July 1, 2006. The
 2625  department may specify time limits for such alternatives.
 2626         (m)(o) Wholesale distributor reporting requirements of s.
 2627  499.0121(14).
 2628         (n)(p) Wholesale distributor credentialing and distribution
 2629  requirements of s. 499.0121(15).
 2630         Section 12. Subsection (7) of section 499.051, Florida
 2631  Statutes, is amended to read:
 2632         499.051 Inspections and investigations.—
 2633         (7) The complaint and all information obtained pursuant to
 2634  the investigation by the department are confidential and exempt
 2635  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
 2636  until the investigation and the enforcement action are
 2637  completed. However, trade secret information contained therein
 2638  as defined by s. 812.081(1)(c) shall remain confidential and
 2639  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 2640  of the State Constitution, as long as the information is
 2641  retained by the department. This subsection does not prohibit
 2642  the department from using such information for regulatory or
 2643  enforcement proceedings under this chapter or from providing
 2644  such information to any law enforcement agency or any other
 2645  regulatory agency. However, the receiving agency shall keep such
 2646  records confidential and exempt as provided in this subsection.
 2647  In addition, this subsection is not intended to prevent
 2648  compliance with the provisions of s. 499.01212, and the pedigree
 2649  papers required in that section shall not be deemed a trade
 2650  secret.
 2651         Section 13. Subsection (8) is added to section 499.066,
 2652  Florida Statutes, to read:
 2653         499.066 Penalties; remedies.—In addition to other penalties
 2654  and other enforcement provisions:
 2655         (8)(a)The department shall adopt rules to permit the
 2656  issuance of remedial, nondisciplinary citations. A citation
 2657  shall be issued to the person alleged to have committed a
 2658  violation and contain the person’s name, address, and license
 2659  number, if applicable, a brief factual statement, the sections
 2660  of the law allegedly violated, and the monetary assessment and
 2661  or other remedial measures imposed. The citation must clearly
 2662  state that the person may choose, in lieu of accepting the
 2663  citation, to have the department rescind the citation and
 2664  conduct an investigation pursuant to s. 499.051. If the person
 2665  does not dispute the matter in the citation with the department
 2666  within 30 days after the citation is served, the citation
 2667  becomes a final order and does not constitute discipline.
 2668         (b)The department shall adopt rules designating violations
 2669  for which a citation may be issued. The rules shall designate as
 2670  citable those violations for which there is no substantial
 2671  threat to the public health, safety, or welfare.
 2672         (c)The department is entitled to recover the costs of
 2673  investigation, in addition to any penalty provided according to
 2674  department rule, as part of the penalty levied pursuant to the
 2675  citation.
 2676         (d)A citation must be issued within 12 months after the
 2677  filing of the complaint that is the basis for the citation.
 2678         (e)Service of a citation may be made by personal service
 2679  or certified mail, restricted delivery, to the person at the
 2680  person’s last known address of record with the department or to
 2681  the person’s Florida registered agent.
 2682         (f)The department has authority to, and shall adopt rules
 2683  to, designate those violations for which a person is subject to
 2684  the issuance of a citation and designate the monetary
 2685  assessments and or other remedial measures that must be taken
 2686  for those violations. The department has continuous authority to
 2687  amend its rules adopted pursuant to this section.
 2688         Section 14. Subsection (14) of section 499.82, Florida
 2689  Statutes, is amended to read:
 2690         499.82 Definitions.—As used in this part, the term:
 2691         (14) “Wholesale distribution” means the distribution of
 2692  medical gas to a person other than a consumer or patient.
 2693  Wholesale distribution of medical gases does not include:
 2694         (a) The sale, purchase, or trade of a medical gas; an offer
 2695  to sell, purchase, or trade a medical gas; or the dispensing of
 2696  a medical gas pursuant to a prescription;
 2697         (b) Activities exempt from the definition of wholesale
 2698  distribution in s. 499.003; or
 2699         (c) The sale, purchase, or trade of a medical gas or an
 2700  offer to sell, purchase, or trade a medical gas for emergency
 2701  medical reasons; or
 2702         (d)Other transactions excluded from the definition of
 2703  wholesale distribution under the federal act or regulations
 2704  implemented under the federal act related to medical gas.
 2705         Section 15. Subsection (6) of section 499.83, Florida
 2706  Statutes, is created to read:
 2707         499.83 Permits.—
 2708         (6)A hospice licensed by the Agency for Health Care
 2709  Administration pursuant to part IV of chapter 400 is not
 2710  required to obtain medical oxygen retail establishment permit to
 2711  purchase on behalf of and sell medical oxygen to its hospice
 2712  patients, if the hospice contracts for the purchase and delivery
 2713  of medical oxygen from an establishment permitted pursuant to
 2714  this part. Sale and delivery to patients by hospices pursuant to
 2715  this subsection must be based upon on a prescription or an order
 2716  from a practitioner authorized by law to prescribe medical
 2717  oxygen. For sales to hospices pursuant to this subsection, the
 2718  medical gas wholesale distributor or the medical gas
 2719  manufacturer selling medical oxygen to a hospice shall reflect
 2720  on its invoice the hospice license number provided by the Agency
 2721  for Health Care Administration and shall maintain such record
 2722  pursuant to s. 499.89. Both the hospice and the medical oxygen
 2723  retailer delivering medical oxygen to the patient must maintain
 2724  a copy of a valid order or prescription for medical oxygen in
 2725  accordance with s. 499.89 and department rule, which copy must
 2726  be readily available for inspection.
 2727         Section 16. Subsection (4) of section 499.89, Florida
 2728  Statutes, is amended to read:
 2729         499.89 Recordkeeping.—
 2730         (4)A pedigree paper is not required for distributing or
 2731  dispensing medical gas.
 2732         Section 17. Section 499.01212, Florida Statutes, is
 2733  repealed.
 2734         Section 18. Paragraph (a) of subsection (1) of section
 2735  409.9201, Florida Statutes, is amended to read:
 2736         409.9201 Medicaid fraud.—
 2737         (1) As used in this section, the term:
 2738         (a) “Prescription drug” means any drug, including, but not
 2739  limited to, finished dosage forms or active ingredients that are
 2740  subject to, defined in, or described in s. 503(b) of the Federal
 2741  Food, Drug, and Cosmetic Act or in s. 465.003(8), s. 499.003(47)
 2742  499.003(52), s. 499.007(13), or s. 499.82(10).
 2743  
 2744  The value of individual items of the legend drugs or goods or
 2745  services involved in distinct transactions committed during a
 2746  single scheme or course of conduct, whether involving a single
 2747  person or several persons, may be aggregated when determining
 2748  the punishment for the offense.
 2749         Section 19. Paragraph (b) of subsection (1) of section
 2750  499.067, Florida Statutes, is amended to read:
 2751         499.067 Denial, suspension, or revocation of permit,
 2752  certification, or registration.—
 2753         (1)
 2754         (b) The department may deny an application for a permit or
 2755  certification, or suspend or revoke a permit or certification,
 2756  if the department finds that:
 2757         1. The applicant is not of good moral character or that it
 2758  would be a danger or not in the best interest of the public
 2759  health, safety, and welfare if the applicant were issued a
 2760  permit or certification.
 2761         2. The applicant has not met the requirements for the
 2762  permit or certification.
 2763         3. The applicant is not eligible for a permit or
 2764  certification for any of the reasons enumerated in s. 499.012.
 2765         4. The applicant, permittee, or person certified under s.
 2766  499.012(15) s. 499.012(16) demonstrates any of the conditions
 2767  enumerated in s. 499.012.
 2768         5. The applicant, permittee, or person certified under s.
 2769  499.012(15) s. 499.012(16) has committed any violation of this
 2770  chapter.
 2771         Section 20. Subsection (1) of section 794.075, Florida
 2772  Statutes, is amended to read:
 2773         794.075 Sexual predators; erectile dysfunction drugs.—
 2774         (1) A person may not possess a prescription drug, as
 2775  defined in s. 499.003(40) 499.003(43), for the purpose of
 2776  treating erectile dysfunction if the person is designated as a
 2777  sexual predator under s. 775.21.
 2778         Section 21. Paragraphs (d), (f), (i), and (j) of subsection
 2779  (3) of section 921.0022, Florida Statutes, are amended to read:
 2780         921.0022 Criminal Punishment Code; offense severity ranking
 2781  chart.—
 2782         (3) OFFENSE SEVERITY RANKING CHART
 2783         (d) LEVEL 4
 2784  
 2785  
 2786  FloridaStatute    FelonyDegree           Description            
 2787  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.
 2788  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements pedigree papers.
 2789  499.0051(2)          3rd   Failure to authenticate pedigree papers.
 2790  499.0051(5) 499.0051(6)   2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2791  517.07(1)            3rd   Failure to register securities.   
 2792  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 2793  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 2794  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 2795  784.075              3rd   Battery on detention or commitment facility staff.
 2796  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2797  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 2798  784.081(3)           3rd   Battery on specified official or employee.
 2799  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 2800  784.083(3)           3rd   Battery on code inspector.        
 2801  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2802  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 2803  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2804  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2805  787.07               3rd   Human smuggling.                  
 2806  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 2807  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 2808  790.115(2)(c)        3rd   Possessing firearm on school property.
 2809  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 2810  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2811  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2812  810.06               3rd   Burglary; possession of tools.    
 2813  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 2814  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2815  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2816  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2817  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2818  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 2819  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 2820  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2821  837.02(1)            3rd   Perjury in official proceedings.  
 2822  837.021(1)           3rd   Make contradictory statements in official proceedings.
 2823  838.022              3rd   Official misconduct.              
 2824  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 2825  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 2826  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 2827  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2828  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 2829  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 2830  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 2831  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).
 2832  914.14(2)            3rd   Witnesses accepting bribes.       
 2833  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 2834  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 2835  918.12               3rd   Tampering with jurors.            
 2836  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 2837  
 2838         (f) LEVEL 6
 2839  
 2840  
 2841  FloridaStatute    FelonyDegree           Description            
 2842  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 2843  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 2844  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 2845  499.0051(2) 499.0051(3)   2nd   Knowing forgery of transaction history, transaction information, or transaction statement pedigree papers.
 2846  499.0051(3) 499.0051(4)   2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 2847  499.0051(4) 499.0051(5)   2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 2848  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 2849  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 2850  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 2851  784.041              3rd   Felony battery; domestic battery by strangulation.
 2852  784.048(3)           3rd   Aggravated stalking; credible threat.
 2853  784.048(5)           3rd   Aggravated stalking of person under 16.
 2854  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 2855  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 2856  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 2857  784.081(2)           2nd   Aggravated assault on specified official or employee.
 2858  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 2859  784.083(2)           2nd   Aggravated assault on code inspector.
 2860  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 2861  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 2862  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 2863  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 2864  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 2865  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 2866  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 2867  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.
 2868  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 2869  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 2870  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 2871  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 2872  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 2873  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 2874  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 2875  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 2876  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 2877  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 2878  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 2879  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 2880  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 2881  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 2882  827.03(2)(c)         3rd   Abuse of a child.                 
 2883  827.03(2)(d)         3rd   Neglect of a child.               
 2884  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 2885  836.05               2nd   Threats; extortion.               
 2886  836.10               2nd   Written threats to kill or do bodily injury.
 2887  843.12               3rd   Aids or assists person to escape. 
 2888  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 2889  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 2890  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 2891  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 2892  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.
 2893  944.40               2nd   Escapes.                          
 2894  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 2895  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 2896  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 2897  
 2898         (i) LEVEL 9
 2899  
 2900  FloridaStatute            FelonyDegree         Description         
 2901  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 2902  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 2903  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 2904  499.0051(8) 499.0051(9)        1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2905  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2906  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2907  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2908  775.0844                       1st     Aggravated white collar crime.
 2909  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 2910  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.
 2911  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2912  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 2913  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 2914  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 2915  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 2916  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.
 2917  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 2918  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 2919  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.
 2920  790.161                        1st     Attempted capital destructive device offense.
 2921  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2922  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 2923  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2924  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.
 2925  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 2926  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 2927  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 2928  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.
 2929  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 2930  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2931  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 2932  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 2933  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 2934  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2935  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2936  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.
 2937  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.
 2938  827.03(2)(a)                   1st     Aggravated child abuse.     
 2939  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 2940  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 2941  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.
 2942  893.135                        1st     Attempted capital trafficking offense.
 2943  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 2944  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2945  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 2946  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 2947  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 2948  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
 2949  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
 2950  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
 2951  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2952  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2953  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 2954  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 2955  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2956  
 2957         (j) LEVEL 10
 2958  
 2959  FloridaStatute             FelonyDegree         Description        
 2960  499.0051(9) 499.0051(10)       1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
 2961  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
 2962  782.07(3)                      1st      Aggravated manslaughter of a child.
 2963  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
 2964  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.
 2965  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.
 2966  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
 2967  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.
 2968  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
 2969  876.32                         1st      Treason against the state. 
 2970  
 2971  
 2972         Section 22. This act shall take effect July 1, 2016.