Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 574
       
       
       
       
       
       
                                Barcode 269606                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/02/2009 10:43 AM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 405 - 414
    4  and insert:
    5         Section 7. Subsection (1) of section 499.05, Florida
    6  Statutes, is amended to read:
    7         499.05 Rules.—
    8         (1) The department shall adopt rules to implement and
    9  enforce this part with respect to:
   10         (a) The definition of terms used in this part, and used in
   11  the rules adopted under this part, when the use of the term is
   12  not its usual and ordinary meaning.
   13         (b) Labeling requirements for drugs, devices, and
   14  cosmetics.
   15         (c) The establishment of fees authorized in this part.
   16         (d) The identification of permits that require an initial
   17  application and onsite inspection or other prerequisites for
   18  permitting which demonstrate that the establishment and person
   19  are in compliance with the requirements of this part.
   20         (e) The application processes and forms for product
   21  registration.
   22         (f) Procedures for requesting and issuing certificates of
   23  free sale.
   24         (g) Inspections and investigations conducted under s.
   25  499.051, and the identification of information claimed to be a
   26  trade secret and exempt from the public records law as provided
   27  in s. 499.051(7).
   28         (h) The establishment of a range of penalties, as provided
   29  in s. 499.066; requirements for notifying persons of the
   30  potential impact of a violation of this part; and a process for
   31  the uncontested settlement of alleged violations.
   32         (i) Additional conditions that qualify as an emergency
   33  medical reason under s. 499.003(54)(b)2 s. 499.003(53)(b)2.
   34         (j) Procedures and forms relating to the pedigree paper
   35  requirement of s. 499.01212.
   36         (k) The protection of the public health, safety, and
   37  welfare regarding good manufacturing practices that
   38  manufacturers and repackagers must follow to ensure the safety
   39  of the products.
   40         (l) Information required from each retail establishment
   41  pursuant to s. 499.012(3), including requirements for
   42  prescriptions or orders.
   43         (m) The recordkeeping, storage, and handling with respect
   44  to each of the distributions of prescription drugs specified in
   45  s. 499.003(54)(a)-(d) s. 499.003(53)(a)-(d).
   46         (n) Alternatives to compliance with s. 499.01212 for a
   47  prescription drug in the inventory of a permitted prescription
   48  drug wholesale distributor as of June 30, 2006, and the return
   49  of a prescription drug purchased prior to July 1, 2006. The
   50  department may specify time limits for such alternatives.
   51         (o)Record retention requirements and procedures for
   52  registering and renewing the registration of a qualifying
   53  practitioner related to a business entity purchasing and
   54  possessing prescription drugs under s. 499.031.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         Delete lines 32 - 33
   59  and insert:
   60         become void; amending s. 499.05, F.S.; requiring the
   61         department to adopt rules regarding record retention
   62         requirements and procedures for registering and
   63         renewing the registration of certain practitioners;
   64         conforming cross-references; amending s. 400.9935,
   65         F.S.;