Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1528
       
       
       
       
       
       
                                Ì872890>Î872890                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2019           .                                
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       Appropriations Subcommittee on Health and Human Services (Bean)
       recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 116 - 281
    4  and insert:
    5  required regardless of the type of bid or negotiation process
    6  used by the agency or the type of final contract or agreement
    7  executed for services.
    8         (d)Is identified by the vendor as eligible to participate
    9  in the program.
   10         (e) Submits evidence at the time of contract award and
   11  throughout the contract term of a surety bond or a comparable
   12  security arrangement from this state or any other state in the
   13  United States in the minimum amount of $1 million. The agency
   14  shall reevaluate and adjust the amount of the bond annually,
   15  based on program volume. The surety bond or comparable security
   16  arrangement must include the State of Florida as a beneficiary.
   17  In lieu of the surety bond, the supplier may provide a
   18  comparable security arrangement, such as an irrevocable letter
   19  of credit or a deposit into a trust account or financial
   20  institution which includes the State of Florida as a
   21  beneficiary. The purposes of the bond or other security
   22  arrangement for the program are to:
   23         1.Indemnify the supplier in the event that any civil or
   24  criminal legal action is brought by the state, the agency, any
   25  other state agency, or private individuals or entities against
   26  the supplier because of the supplier’s failure to perform under
   27  the contract, including, but not limited to, causes of action
   28  for personal injury, negligence, and wrongful death;
   29         2.Ensure payment by the supplier of legal judgments and
   30  claims that have been awarded to the state, the agency, other
   31  entities acting on behalf of the state, individuals, or
   32  organizations if the supplier is assessed a final judgment or
   33  other monetary penalty in a court of law for a civil or criminal
   34  action related to participation in the program. The bond or
   35  comparable security arrangement may be accessed if the supplier
   36  fails to pay any judgment or claim within 60 days after final
   37  judgment; and
   38         3.Allow for civil and criminal litigation claims to be
   39  made against the bond or other comparable security arrangement
   40  for up to 1 year after the supplier’s contract under the program
   41  has ended with the agency or the state, the supplier’s license
   42  is no longer valid, or the program has ended, whichever occurs
   43  last.
   44         (4)ELIGIBLE IMPORTERS.—
   45         (a)The following entities or persons may import
   46  prescription drugs from a Canadian supplier under the program:
   47         1.A wholesale distributor.
   48         2.A pharmacy.
   49         3.A pharmacist.
   50         (b)An eligible importer must meet all of the following
   51  requirements at the time of contract award and throughout the
   52  contract term:
   53         1.Register with the vendor before importing drugs into
   54  this state under the program and be deemed in compliance with
   55  all requirements, including any relevant provisions of the
   56  Federal Act.
   57         2.Submit evidence at the time of contract award and
   58  throughout the contract term of a surety bond or other
   59  comparable security arrangement from this state or any other
   60  state in the United States in the minimum amount of $1 million.
   61  The surety bond or comparable security arrangement must include
   62  the State of Florida as a beneficiary. In lieu of the surety
   63  bond, the importer may provide a comparable security agreement,
   64  such as an irrevocable letter of credit or a deposit into a
   65  trust account or financial institution which includes the State
   66  of Florida as a beneficiary, payable to the State of Florida.
   67  The purposes of the bond or other security arrangement for the
   68  program are to:
   69         a.Ensure payment of any administrative penalties imposed
   70  by the agency or any other state agency under the contract when
   71  the importer fails to pay within 30 days after assessment;
   72         b.Ensure that the importer meets contractual and statutory
   73  obligations through use of a bond or other comparable security
   74  arrangements to pay any other costs or fees incurred by the
   75  agency, the state, or other entities acting on behalf of the
   76  state if the importer fails to meet its contractual and
   77  statutory obligations. If the importer is assessed a penalty
   78  under the program and fails to pay within 30 days after that
   79  assessment, the agency, the state, or an entity acting on behalf
   80  of the state may file a claim for reimbursement against the bond
   81  or other comparable security arrangement; and
   82         c.Allow for claims to be made against the bond or other
   83  comparable security arrangements for up to 1 year after the
   84  importer’s contract under the program has ended with the agency
   85  or the state, the importer’s license is no longer valid, or the
   86  program has ended, whichever occurs last.
   87  
   88  A surety bond or comparable document is required, regardless of
   89  the type of bid or negotiation process the agency used or the
   90  type of final contract or agreement executed for services.
   91         (c) An eligible importer must submit evidence at the time
   92  of contract award and throughout the contract term of a surety
   93  bond or comparable security arrangement from this state or any
   94  other state in the United States in the minimum amount of $1
   95  million. The agency shall reevaluate and adjust the amount of
   96  the bond annually, based on program volume. The surety bond or
   97  comparable security arrangement must include the State of
   98  Florida as a beneficiary. In lieu of the surety bond, the
   99  importer may provide a comparable security agreement, such as an
  100  irrevocable letter of credit or a deposit into a trust account
  101  or financial institution which includes the State of Florida as
  102  a beneficiary, payable to the State of Florida. The purposes of
  103  the bond or other security arrangement for the program are to:
  104         1.Ensure the importer’s participation in any civil or
  105  criminal legal action by the state, the agency, any other state
  106  agency, or private individuals or entities against the importer
  107  because of the importer’s failure to perform under the contract,
  108  including, but not limited to causes of action for personal
  109  injury, negligence, and wrongful death;
  110         2.Ensure payment by the importer through the use of a bond
  111  or other comparable security arrangements of legal judgments and
  112  claims that have been awarded to the agency, the state, other
  113  entities acting on behalf of the state, individuals, or
  114  organizations if the importer is assessed a final judgment or
  115  other monetary penalty in a court of law for a civil or criminal
  116  action under the program. The bond or comparable security
  117  arrangement may be accessed if the importer fails to pay any
  118  judgment or claim within 60 days after final judgment; and
  119         3.Allow for civil and criminal litigation claims to be
  120  made against the bond or other comparable security arrangements
  121  for up to 1 year after the importer’s contract under the program
  122  has ended with the agency or the state, the importer’s license
  123  is no longer valid, or the program has ended, whichever occurs
  124  last.
  125         (5)IMPORTATION PROCESS.—
  126         (a)The agency shall contract with a vendor to provide
  127  services under the program. The vendor shall submit evidence of
  128  a surety bond with any bid or initial contract negotiation
  129  documents and shall maintain documentation of evidence of such a
  130  bond with the agency throughout the contract term. The surety
  131  bond may be from this state or any other state in the United
  132  States in the minimum amount of $1 million. The surety bond or
  133  comparable security arrangement must include the State of
  134  Florida as a beneficiary. In lieu of the surety bond, the vendor
  135  may provide a comparable security agreement, such as an
  136  irrevocable letter of credit or a deposit into a trust account
  137  or financial institution which includes the State of Florida as
  138  a beneficiary, payable to the State of Florida. The purposes of
  139  the bond or other security arrangement for the program are to:
  140         1.Ensure payment of any administrative penalties imposed
  141  by the agency or any other state agency under the contract when
  142  the vendor fails to pay within 30 days after assessment;
  143         2.Ensure that the vendor meets contractual and statutory
  144  obligations through use of a surety bond or other comparable
  145  security arrangements to pay any other costs or fees incurred by
  146  the agency, the state, or other entities acting on behalf of the
  147  state if the vendor fails to meet its contractual and statutory
  148  obligations. If the vendor is assessed a penalty under the
  149  program and fails to pay within 30 days after that assessment,
  150  the agency, the state, or an entity acting on behalf of the
  151  state may file a claim for reimbursement against the bond or
  152  other comparable security arrangement; and
  153         3.Allow for claims to be made against the bond or other
  154  comparable security arrangements for up to 1 year after the
  155  vendor’s contract under the program has ended with the agency or
  156  the state or the program has ended, whichever occurs last.
  157  
  158  A surety bond or comparable document is required, regardless of
  159  the type of bid or negotiation process the agency used or the
  160  type of final contract or agreement executed for services.
  161         (b)The eligible vendor must submit evidence at the time of
  162  contract award and throughout the contract term of a surety bond
  163  or comparable security arrangement from this state or any other
  164  state in the United States in the minimum amount of $1 million.
  165  The agency shall reevaluate and adjust the amount of the bond
  166  annually, based on program volume. The surety bond or comparable
  167  security arrangement must include the State of Florida as a
  168  beneficiary. In lieu of the surety bond, the vendor may provide
  169  a