ENROLLED
       2016 Legislature            CS for CS for SB 1604, 3rd Engrossed
       
       
       
       
       
       
                                                             20161604er
    1  
    2         An act relating to drugs, devices, and cosmetics;
    3         amending s. 385.211, F.S.; authorizing a certain type
    4         of specialty hospital to conduct research on
    5         cannabidiol and low-THC cannabis if contracted with
    6         the Department of Health to perform such research;
    7         amending s. 499.003, F.S.; providing, revising, and
    8         deleting definitions for purposes of the Florida Drug
    9         and Cosmetic Act; requiring rulemaking; specifying a
   10         default rule until the Department of Business and
   11         Professional Regulation adopts a rule; amending s.
   12         499.005, F.S.; revising prohibited acts related to the
   13         distribution of prescription drugs; conforming a
   14         cross-reference; amending s. 499.0051, F.S.;
   15         prohibiting the distribution of prescription drugs
   16         without delivering a transaction history, transaction
   17         information, and transaction statement; providing
   18         penalties; deleting provisions and revising
   19         terminology related to pedigree papers, to conform to
   20         changes made by the act; amending s. 499.006, F.S.;
   21         conforming provisions; amending s. 499.01, F.S.;
   22         requiring nonresident prescription drug repackagers to
   23         obtain an operating permit; authorizing a manufacturer
   24         to engage in the wholesale distribution of
   25         prescription drugs; providing for the issuance of
   26         virtual prescription drug manufacturer permits and
   27         virtual nonresident prescription drug manufacturer
   28         permits to certain persons; providing exceptions from
   29         certain virtual manufacturer requirements; requiring a
   30         nonresident prescription drug repackager permit for
   31         certain persons; deleting surety bond requirements for
   32         prescription drug wholesale distributors; requiring
   33         that certain persons obtain an out-of-state
   34         prescription drug wholesale distributor permit;
   35         providing that a restricted prescription drug
   36         distributor permit is not required for distributions
   37         between certain pharmacies; requiring the Department
   38         of Business and Professional Regulation to establish
   39         by rule when such distribution constitutes regular and
   40         systematic supplying of a prescription drug; requiring
   41         certain third party logistic providers to be licensed;
   42         requiring research and development labeling on certain
   43         prescription drug active pharmaceutical ingredient
   44         packaging; requiring certain manufacturers to create
   45         and maintain certain records; requiring certain
   46         prescription drug distributors to provide certain
   47         information to health care entities for which they
   48         repackage prescription drugs; requiring the department
   49         to adopt rules concerning repackaged prescription drug
   50         safety and integrity; amending s. 499.012, F.S.;
   51         providing for issuance of a prescription drug
   52         manufacturer permit or retail pharmacy drug wholesale
   53         distributor permit when an applicant at the same
   54         address is a licensed nuclear pharmacy or community
   55         pharmacy; providing for the expiration of deficient
   56         permit applications; requiring trade secret
   57         information submitted by an applicant to be maintained
   58         as a trade secret; authorizing the quadrennial renewal
   59         of permits; providing for calculation of fees for such
   60         permit renewals; revising procedures and application
   61         requirements for permit renewals; providing for late
   62         renewal fees; allowing a permittee who submits a
   63         renewal application to continue operations; removing
   64         certain application requirements for renewal of a
   65         permit; requiring bonds or other surety of a specified
   66         amount; requiring proof of inspection of
   67         establishments used in wholesale distribution;
   68         authorizing the Department of Business and
   69         Professional Regulation to contract for the collection
   70         of electronic fingerprints under certain
   71         circumstances; providing information that may be
   72         submitted in lieu of certain application requirements
   73         for specified permits and certifications; removing
   74         provisions relating to annual renewal and expiration
   75         of permits; conforming cross-references; amending s.
   76         499.01201, F.S.; conforming provisions; amending s.
   77         499.0121, F.S.; revising prescription drug
   78         recordkeeping requirements; specifying recordkeeping
   79         requirements for manufacturers and repackagers of
   80         medical devices, over-the-counter drugs, and
   81         cosmetics; increasing the quantity of unit doses of a
   82         controlled substance that may be ordered in any given
   83         month by a customer without triggering a requirement
   84         that a wholesale distributor perform a reasonableness
   85         assessment; conforming provisions; amending s.
   86         499.015, F.S.; providing for the expiration, renewal,
   87         and issuance of certain drug, device, and cosmetic
   88         product registrations; providing for product
   89         registration fees; amending ss. 499.03, 499.05, and
   90         499.051, F.S.; conforming provisions to changes made
   91         by the act; amending s. 499.82, F.S.; revising the
   92         definition of “wholesale distribution” for purposes of
   93         medical gas requirements; amending s. 499.83, F.S.;
   94         authorizing licensed hospices to obtain on behalf of,
   95         and sell medical oxygen to, their patients without
   96         obtaining a medical oxygen retail establishment permit
   97         in certain circumstances; specifying recordkeeping
   98         requirements; amending s. 499.89, F.S.; conforming
   99         provisions; repealing s. 499.01212, F.S., relating to
  100         pedigree papers; amending ss. 409.9201, 499.067,
  101         794.075, and 921.0022, F.S.; conforming cross
  102         references; creating s. 893.30, F.S.; creating the
  103         “Victoria Siegel Controlled Substances Safety
  104         Education and Awareness Act”; requiring the Department
  105         of Health to develop an educational pamphlet relating
  106         to certain controlled substance issues; requiring the
  107         department to encourage health care providers to
  108         disseminate certain educational information; requiring
  109         the department to encourage consumers to discuss
  110         controlled substance risks with certain health care
  111         providers; requiring the State Surgeon General to
  112         provide certain educational resources on the
  113         department’s website; requiring the department to fund
  114         controlled substance safety education and awareness
  115         with certain grants; encouraging the department to
  116         collaborate with other entities to create a systematic
  117         approach to increasing public awareness regarding
  118         controlled substance safety; providing an effective
  119         date.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Subsection (2) of section 385.211, Florida
  124  Statutes, is amended to read:
  125         385.211 Refractory and intractable epilepsy treatment and
  126  research at recognized medical centers.—
  127         (2) Notwithstanding chapter 893, medical centers recognized
  128  pursuant to s. 381.925, or an academic medical research
  129  institution legally affiliated with a licensed children’s
  130  specialty hospital as defined in s. 395.002(28) that contracts
  131  with the Department of Health, may conduct research on
  132  cannabidiol and low-THC cannabis. This research may include, but
  133  is not limited to, the agricultural development, production,
  134  clinical research, and use of liquid medical derivatives of
  135  cannabidiol and low-THC cannabis for the treatment for
  136  refractory or intractable epilepsy. The authority for recognized
  137  medical centers to conduct this research is derived from 21
  138  C.F.R. parts 312 and 316. Current state or privately obtained
  139  research funds may be used to support the activities described
  140  in this section.
  141         Section 2. Section 499.003, Florida Statutes, is amended to
  142  read:
  143         499.003 Definitions of terms used in this part.—As used in
  144  this part, the term:
  145         (1)“Active pharmaceutical ingredient” includes any
  146  substance or mixture of substances intended, represented, or
  147  labeled for use in drug manufacturing that furnishes or is
  148  intended to furnish, in a finished dosage form, any
  149  pharmacological activity or other direct effect in the
  150  diagnosis, cure, mitigation, treatment, therapy, or prevention
  151  of disease in humans or other animals, or to affect the
  152  structure or any function of the body of humans or animals.
  153         (2)(1) “Advertisement” means any representation
  154  disseminated in any manner or by any means, other than by
  155  labeling, for the purpose of inducing, or which is likely to
  156  induce, directly or indirectly, the purchase of drugs, devices,
  157  or cosmetics.
  158         (3)“Affiliate” means a business entity that has a
  159  relationship with another business entity in which, directly or
  160  indirectly:
  161         (a)The business entity controls, or has the power to
  162  control, the other business entity; or
  163         (b)A third party controls, or has the power to control,
  164  both business entities.
  165         (2)“Affiliated group” means an affiliated group as defined
  166  by s. 1504 of the Internal Revenue Code of 1986, as amended,
  167  which is composed of chain drug entities, including at least 50
  168  retail pharmacies, warehouses, or repackagers, which are members
  169  of the same affiliated group. The affiliated group must disclose
  170  the names of all its members to the department.
  171         (4)(3) “Affiliated party” means:
  172         (a) A director, officer, trustee, partner, or committee
  173  member of a permittee or applicant or a subsidiary or service
  174  corporation of the permittee or applicant;
  175         (b) A person who, directly or indirectly, manages,
  176  controls, or oversees the operation of a permittee or applicant,
  177  regardless of whether such person is a partner, shareholder,
  178  manager, member, officer, director, independent contractor, or
  179  employee of the permittee or applicant;
  180         (c) A person who has filed or is required to file a
  181  personal information statement pursuant to s. 499.012(9) or is
  182  required to be identified in an application for a permit or to
  183  renew a permit pursuant to s. 499.012(8); or
  184         (d) The five largest natural shareholders that own at least
  185  5 percent of the permittee or applicant.
  186         (5)(4) “Applicant” means a person applying for a permit or
  187  certification under this part.
  188         (5)“Authenticate” means to affirmatively verify upon
  189  receipt of a prescription drug that each transaction listed on
  190  the pedigree paper has occurred.
  191         (a)A wholesale distributor is not required to open a
  192  sealed, medical convenience kit to authenticate a pedigree paper
  193  for a prescription drug contained within the kit.
  194         (b)Authentication of a prescription drug included in a
  195  sealed, medical convenience kit shall be limited to verifying
  196  the transaction and pedigree information received.
  197         (6) “Certificate of free sale” means a document prepared by
  198  the department which certifies a drug, device, or cosmetic, that
  199  is registered with the department, as one that can be legally
  200  sold in the state.
  201         (7) “Chain pharmacy warehouse” means a wholesale
  202  distributor permitted pursuant to s. 499.01 that maintains a
  203  physical location for prescription drugs that functions solely
  204  as a central warehouse to perform intracompany transfers of such
  205  drugs between members of an affiliate to a member of its
  206  affiliated group.
  207         (8) “Closed pharmacy” means a pharmacy that is licensed
  208  under chapter 465 and purchases prescription drugs for use by a
  209  limited patient population and not for wholesale distribution or
  210  sale to the public. The term does not include retail pharmacies.
  211         (9) “Color” includes black, white, and intermediate grays.
  212         (10) “Color additive” means, with the exception of any
  213  material that has been or hereafter is exempt under the federal
  214  act, a material that:
  215         (a) Is a dye pigment, or other substance, made by a process
  216  of synthesis or similar artifice, or extracted, isolated, or
  217  otherwise derived, with or without intermediate or final change
  218  of identity from a vegetable, animal, mineral, or other source;
  219  or
  220         (b) When added or applied to a drug or cosmetic or to the
  221  human body, or any part thereof, is capable alone, or through
  222  reaction with other substances, of imparting color thereto.
  223         (11) “Contraband prescription drug” means any adulterated
  224  drug, as defined in s. 499.006, any counterfeit drug, as defined
  225  in this section, and also means any prescription drug for which
  226  a transaction history, transaction information, or transaction
  227  statement pedigree paper does not exist, or for which the
  228  transaction history, transaction information, or transaction
  229  statement pedigree paper in existence has been forged,
  230  counterfeited, falsely created, or contains any altered, false,
  231  or misrepresented matter.
  232         (12) “Cosmetic” means an article, with the exception of
  233  soap, that is:
  234         (a) Intended to be rubbed, poured, sprinkled, or sprayed
  235  on; introduced into; or otherwise applied to the human body or
  236  any part thereof for cleansing, beautifying, promoting
  237  attractiveness, or altering the appearance; or
  238         (b) Intended for use as a component of any such article.
  239         (13) “Counterfeit drug,” “counterfeit device,” or
  240  “counterfeit cosmetic” means a drug, device, or cosmetic which,
  241  or the container, seal, or labeling of which, without
  242  authorization, bears the trademark, trade name, or other
  243  identifying mark, imprint, or device, or any likeness thereof,
  244  of a drug, device, or cosmetic manufacturer, processor, packer,
  245  or distributor other than the person that in fact manufactured,
  246  processed, packed, or distributed that drug, device, or cosmetic
  247  and which thereby falsely purports or is represented to be the
  248  product of, or to have been packed or distributed by, that other
  249  drug, device, or cosmetic manufacturer, processor, packer, or
  250  distributor.
  251         (14) “Department” means the Department of Business and
  252  Professional Regulation.
  253         (15) “Device” means any instrument, apparatus, implement,
  254  machine, contrivance, implant, in vitro reagent, or other
  255  similar or related article, including its components, parts, or
  256  accessories, which is:
  257         (a) Recognized in the current edition of the United States
  258  Pharmacopoeia and National Formulary, or any supplement thereof,
  259         (b) Intended for use in the diagnosis, cure, mitigation,
  260  treatment, therapy, or prevention of disease in humans or other
  261  animals, or
  262         (c) Intended to affect the structure or any function of the
  263  body of humans or other animals,
  264  
  265  and that does not achieve any of its principal intended purposes
  266  through chemical action within or on the body of humans or other
  267  animals and which is not dependent upon being metabolized for
  268  the achievement of any of its principal intended purposes.
  269         (16) “Distribute” or “distribution” means to sell,
  270  purchase, trade, deliver, handle, store, or receive to sell;
  271  offer to sell; give away; transfer, whether by passage of title,
  272  physical movement, or both; deliver; or offer to deliver. The
  273  term does not mean to administer or dispense and does not
  274  include the billing and invoicing activities that commonly
  275  follow a wholesale distribution transaction.
  276         (17)“Drop shipment” means the sale of a prescription drug
  277  from a manufacturer to a wholesale distributor, where the
  278  wholesale distributor takes title to, but not possession of, the
  279  prescription drug, and the manufacturer of the prescription drug
  280  ships the prescription drug directly to a chain pharmacy
  281  warehouse or a person authorized by law to purchase prescription
  282  drugs for the purpose of administering or dispensing the drug,
  283  as defined in s. 465.003.
  284         (17)(18) “Drug” means an article that is:
  285         (a) Recognized in the current edition of the United States
  286  Pharmacopoeia and National Formulary, official Homeopathic
  287  Pharmacopoeia of the United States, or any supplement to any of
  288  those publications;
  289         (b) Intended for use in the diagnosis, cure, mitigation,
  290  treatment, therapy, or prevention of disease in humans or other
  291  animals;
  292         (c) Intended to affect the structure or any function of the
  293  body of humans or other animals; or
  294         (d) Intended for use as a component of any article
  295  specified in paragraph (a), paragraph (b), or paragraph (c), and
  296  includes active pharmaceutical ingredients, but does not include
  297  devices or their nondrug components, parts, or accessories. For
  298  purposes of this paragraph, an “active pharmaceutical
  299  ingredient” includes any substance or mixture of substances
  300  intended, represented, or labeled for use in drug manufacturing
  301  that furnishes or is intended to furnish, in a finished dosage
  302  form, any pharmacological activity or other direct effect in the
  303  diagnosis, cure, mitigation, treatment, therapy, or prevention
  304  of disease in humans or other animals, or to affect the
  305  structure or any function of the body of humans or other
  306  animals.
  307         (18)(19) “Establishment” means a place of business which is
  308  at one general physical location and may extend to one or more
  309  contiguous suites, units, floors, or buildings operated and
  310  controlled exclusively by entities under common operation and
  311  control. Where multiple buildings are under common exclusive
  312  ownership, operation, and control, an intervening thoroughfare
  313  does not affect the contiguous nature of the buildings. For
  314  purposes of permitting, each suite, unit, floor, or building
  315  must be identified in the most recent permit application.
  316         (19)(20) “Federal act” means the Federal Food, Drug, and
  317  Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
  318         (20)(21) “Freight forwarder” means a person who receives
  319  prescription drugs which are owned by another person and
  320  designated by that person for export, and exports those
  321  prescription drugs.
  322         (21)(22) “Health care entity” means a closed pharmacy or
  323  any person, organization, or business entity that provides
  324  diagnostic, medical, surgical, or dental treatment or care, or
  325  chronic or rehabilitative care, but does not include any
  326  wholesale distributor or retail pharmacy licensed under state
  327  law to deal in prescription drugs. However, a blood
  328  establishment is a health care entity that may engage in the
  329  wholesale distribution of prescription drugs under s.
  330  499.01(2)(h)1.c. 499.01(2)(g)1.c.
  331         (22)(23) “Health care facility” means a health care
  332  facility licensed under chapter 395.
  333         (23)(24) “Hospice” means a corporation licensed under part
  334  IV of chapter 400.
  335         (24)(25) “Hospital” means a facility as defined in s.
  336  395.002 and licensed under chapter 395.
  337         (25)(26) “Immediate container” does not include package
  338  liners.
  339         (26)(27) “Label” means a display of written, printed, or
  340  graphic matter upon the immediate container of any drug, device,
  341  or cosmetic. A requirement made by or under authority of this
  342  part or rules adopted under this part that any word, statement,
  343  or other information appear on the label is not complied with
  344  unless such word, statement, or other information also appears
  345  on the outside container or wrapper, if any, of the retail
  346  package of such drug, device, or cosmetic or is easily legible
  347  through the outside container or wrapper.
  348         (27)(28) “Labeling” means all labels and other written,
  349  printed, or graphic matters:
  350         (a) Upon a drug, device, or cosmetic, or any of its
  351  containers or wrappers; or
  352         (b) Accompanying or related to such drug, device, or
  353  cosmetic.
  354         (28)(29) “Manufacture” means the preparation, deriving,
  355  compounding, propagation, processing, producing, or fabrication
  356  of any drug, device, or cosmetic.
  357         (29)(30) “Manufacturer” means:
  358         (a) A person who holds a New Drug Application, an
  359  Abbreviated New Drug Application, a Biologics License
  360  Application, or a New Animal Drug Application approved under the
  361  federal act or a license issued under s. 351 of the Public
  362  Health Service Act, 42 U.S.C. s. 262, for such drug or
  363  biologics, or if such drug or biologics are not the subject of
  364  an approved application or license, the person who manufactured
  365  the drug or biologics prepares, derives, manufactures, or
  366  produces a drug, device, or cosmetic;
  367         (b) A co-licensed partner of the person described in
  368  paragraph (a) who obtains the drug or biologics directly from a
  369  person described in paragraph (a), paragraph (c), or this
  370  paragraph The holder or holders of a New Drug Application (NDA),
  371  an Abbreviated New Drug Application (ANDA), a Biologics License
  372  Application (BLA), or a New Animal Drug Application (NADA),
  373  provided such application has become effective or is otherwise
  374  approved consistent with s. 499.023;
  375         (c) An affiliate of a person described in paragraph (a),
  376  paragraph (b), or this paragraph that receives the drug or
  377  biologics directly from a person described in paragraph (a),
  378  paragraph (b), or this paragraph A private label distributor for
  379  whom the private label distributor’s prescription drugs are
  380  originally manufactured and labeled for the distributor and have
  381  not been repackaged; or
  382         (d) A person who manufactures a device or a cosmetic. A
  383  person registered under the federal act as a manufacturer of a
  384  prescription drug, who is described in paragraph (a), paragraph
  385  (b), or paragraph (c), who has entered into a written agreement
  386  with another prescription drug manufacturer that authorizes
  387  either manufacturer to distribute the prescription drug
  388  identified in the agreement as the manufacturer of that drug
  389  consistent with the federal act and its implementing
  390  regulations;
  391         (e)A member of an affiliated group that includes, but is
  392  not limited to, persons described in paragraph (a), paragraph
  393  (b), paragraph (c), or paragraph (d), which member distributes
  394  prescription drugs, whether or not obtaining title to the drugs,
  395  only for the manufacturer of the drugs who is also a member of
  396  the affiliated group. As used in this paragraph, the term
  397  “affiliated group” means an affiliated group as defined in s.
  398  1504 of the Internal Revenue Code of 1986, as amended. The
  399  manufacturer must disclose the names of all of its affiliated
  400  group members to the department; or
  401         (f)A person permitted as a third party logistics provider,
  402  only while providing warehousing, distribution, or other
  403  logistics services on behalf of a person described in paragraph
  404  (a), paragraph (b), paragraph (c), paragraph (d), or paragraph
  405  (e).
  406  
  407  The term does not include a pharmacy that is operating in
  408  compliance with pharmacy practice standards as defined in
  409  chapter 465 and rules adopted under that chapter.
  410         (30)(31) “Medical convenience kit” means packages or units
  411  that contain combination products as defined in 21 C.F.R. s.
  412  3.2(e)(2).
  413         (31)(32) “Medical gas” means any liquefied or vaporized gas
  414  that is a prescription drug, whether alone or in combination
  415  with other gases, and as defined in the federal act.
  416         (32)(33) “New drug” means:
  417         (a) Any drug the composition of which is such that the drug
  418  is not generally recognized, among experts qualified by
  419  scientific training and experience to evaluate the safety and
  420  effectiveness of drugs, as safe and effective for use under the
  421  conditions prescribed, recommended, or suggested in the labeling
  422  of that drug; or
  423         (b) Any drug the composition of which is such that the
  424  drug, as a result of investigations to determine its safety and
  425  effectiveness for use under certain conditions, has been
  426  recognized for use under such conditions, but which drug has
  427  not, other than in those investigations, been used to a material
  428  extent or for a material time under such conditions.
  429         (34)“Normal distribution chain” means a wholesale
  430  distribution of a prescription drug in which the wholesale
  431  distributor or its wholly owned subsidiary purchases and
  432  receives the specific unit of the prescription drug directly
  433  from the manufacturer and distributes the prescription drug
  434  directly, or through up to two intracompany transfers, to a
  435  chain pharmacy warehouse or a person authorized by law to
  436  purchase prescription drugs for the purpose of administering or
  437  dispensing the drug, as defined in s. 465.003. For purposes of
  438  this subsection, the term “intracompany” means any transaction
  439  or transfer between any parent, division, or subsidiary wholly
  440  owned by a corporate entity.
  441         (33)(35) “Nursing home” means a facility licensed under
  442  part II of chapter 400.
  443         (34)(36) “Official compendium” means the current edition of
  444  the official United States Pharmacopoeia and National Formulary,
  445  or any supplement thereto.
  446         (37)“Pedigree paper” means a document in written or
  447  electronic form approved by the department which contains
  448  information required by s. 499.01212 regarding the sale and
  449  distribution of any given prescription drug.
  450         (35)(38) “Permittee” means any person holding a permit
  451  issued under this chapter pursuant to s. 499.012.
  452         (36)(39) “Person” means any individual, child, joint
  453  venture, syndicate, fiduciary, partnership, corporation,
  454  division of a corporation, firm, trust, business trust, company,
  455  estate, public or private institution, association,
  456  organization, group, city, county, city and county, political
  457  subdivision of this state, other governmental agency within this
  458  state, and any representative, agent, or agency of any of the
  459  foregoing, or any other group or combination of the foregoing.
  460         (37)(40) “Pharmacist” means a person licensed under chapter
  461  465.
  462         (38)(41) “Pharmacy” means an entity licensed under chapter
  463  465.
  464         (39)(42) “Prepackaged drug product” means a drug that
  465  originally was in finished packaged form sealed by a
  466  manufacturer and that is placed in a properly labeled container
  467  by a pharmacy or practitioner authorized to dispense pursuant to
  468  chapter 465 for the purpose of dispensing in the establishment
  469  in which the prepackaging occurred.
  470         (40)(43) “Prescription drug” means a prescription,
  471  medicinal, or legend drug, including, but not limited to,
  472  finished dosage forms or active pharmaceutical ingredients
  473  subject to, defined by, or described by s. 503(b) of the federal
  474  act or s. 465.003(8), s. 499.007(13), subsection (31) (32), or
  475  subsection (47) (52), except that an active pharmaceutical
  476  ingredient is a prescription drug only if substantially all
  477  finished dosage forms in which it may be lawfully dispensed or
  478  administered in this state are also prescription drugs.
  479         (41)(44) “Prescription drug label” means any display of
  480  written, printed, or graphic matter upon the immediate container
  481  of any prescription drug before it is dispensed prior to its
  482  dispensing to an individual patient pursuant to a prescription
  483  of a practitioner authorized by law to prescribe.
  484         (42)(45) “Prescription label” means any display of written,
  485  printed, or graphic matter upon the immediate container of any
  486  prescription drug dispensed pursuant to a prescription of a
  487  practitioner authorized by law to prescribe.
  488         (46)“Primary wholesale distributor” means any wholesale
  489  distributor that:
  490         (a)Purchased 90 percent or more of the total dollar volume
  491  of its purchases of prescription drugs directly from
  492  manufacturers in the previous year; and
  493         (b)1.Directly purchased prescription drugs from not fewer
  494  than 50 different prescription drug manufacturers in the
  495  previous year; or
  496         2.Has, or the affiliated group, as defined in s. 1504 of
  497  the Internal Revenue Code, of which the wholesale distributor is
  498  a member has, not fewer than 250 employees.
  499         (c)For purposes of this subsection, “directly from
  500  manufacturers” means:
  501         1.Purchases made by the wholesale distributor directly
  502  from the manufacturer of prescription drugs; and
  503         2.Transfers from a member of an affiliated group, as
  504  defined in s. 1504 of the Internal Revenue Code, of which the
  505  wholesale distributor is a member, if:
  506         a.The affiliated group purchases 90 percent or more of the
  507  total dollar volume of its purchases of prescription drugs from
  508  the manufacturer in the previous year; and
  509         b.The wholesale distributor discloses to the department
  510  the names of all members of the affiliated group of which the
  511  wholesale distributor is a member and the affiliated group
  512  agrees in writing to provide records on prescription drug
  513  purchases by the members of the affiliated group not later than
  514  48 hours after the department requests access to such records,
  515  regardless of the location where the records are stored.
  516         (43)(47) “Proprietary drug,” or “OTC drug,” means a patent
  517  or over-the-counter drug in its unbroken, original package,
  518  which drug is sold to the public by, or under the authority of,
  519  the manufacturer or primary distributor thereof, is not
  520  misbranded under the provisions of this part, and can be
  521  purchased without a prescription.
  522         (44)(48) “Repackage” includes repacking or otherwise
  523  changing the container, wrapper, or labeling to further the
  524  distribution of the drug, device, or cosmetic.
  525         (45)(49) “Repackager” means a person who repackages. The
  526  term excludes pharmacies that are operating in compliance with
  527  pharmacy practice standards as defined in chapter 465 and rules
  528  adopted under that chapter.
  529         (46)(50) “Retail pharmacy” means a community pharmacy
  530  licensed under chapter 465 that purchases prescription drugs at
  531  fair market prices and provides prescription services to the
  532  public.
  533         (51)“Secondary wholesale distributor” means a wholesale
  534  distributor that is not a primary wholesale distributor.
  535         (47)(52) “Veterinary prescription drug” means a
  536  prescription drug intended solely for veterinary use. The label
  537  of the drug must bear the statement, “Caution: Federal law
  538  restricts this drug to sale by or on the order of a licensed
  539  veterinarian.”
  540         (48)(53) “Wholesale distribution” means the distribution of
  541  a prescription drug to a person drugs to persons other than a
  542  consumer or patient, or the receipt of a prescription drug by a
  543  person other than the consumer or patient, but does not include:
  544         (a) Any of the following activities, which is not a
  545  violation of s. 499.005(21) if such activity is conducted in
  546  accordance with s. 499.01(2)(h) 499.01(2)(g):
  547         1. The purchase or other acquisition by a hospital or other
  548  health care entity that is a member of a group purchasing
  549  organization of a prescription drug for its own use from the
  550  group purchasing organization or from other hospitals or health
  551  care entities that are members of that organization.
  552         2. The distribution sale, purchase, or trade of a
  553  prescription drug or an offer to distribute sell, purchase, or
  554  trade a prescription drug by a charitable organization described
  555  in s. 501(c)(3) of the Internal Revenue Code of 1986, as amended
  556  and revised, to a nonprofit affiliate of the organization to the
  557  extent otherwise permitted by law.
  558         3. The distribution sale, purchase, or trade of a
  559  prescription drug or an offer to sell, purchase, or trade a
  560  prescription drug among hospitals or other health care entities
  561  that are under common control. For purposes of this
  562  subparagraph, “common control” means the power to direct or
  563  cause the direction of the management and policies of a person
  564  or an organization, whether by ownership of stock, by voting
  565  rights, by contract, or otherwise.
  566         4. The distribution sale, purchase, trade, or other
  567  transfer of a prescription drug from or for any federal, state,
  568  or local government agency or any entity eligible to purchase
  569  prescription drugs at public health services prices pursuant to
  570  Pub. L. No. 102-585, s. 602 to a contract provider or its
  571  subcontractor for eligible patients of the agency or entity
  572  under the following conditions:
  573         a. The agency or entity must obtain written authorization
  574  for the distribution sale, purchase, trade, or other transfer of
  575  a prescription drug under this subparagraph from the Secretary
  576  of Business and Professional Regulation or his or her designee.
  577         b. The contract provider or subcontractor must be
  578  authorized by law to administer or dispense prescription drugs.
  579         c. In the case of a subcontractor, the agency or entity
  580  must be a party to and execute the subcontract.
  581         d. The contract provider and subcontractor must maintain
  582  and produce immediately for inspection all records of movement
  583  or transfer of all the prescription drugs belonging to the
  584  agency or entity, including, but not limited to, the records of
  585  receipt and disposition of prescription drugs. Each contractor
  586  and subcontractor dispensing or administering these drugs must
  587  maintain and produce records documenting the dispensing or
  588  administration. Records that are required to be maintained
  589  include, but are not limited to, a perpetual inventory itemizing
  590  drugs received and drugs dispensed by prescription number or
  591  administered by patient identifier, which must be submitted to
  592  the agency or entity quarterly.
  593         e. The contract provider or subcontractor may administer or
  594  dispense the prescription drugs only to the eligible patients of
  595  the agency or entity or must return the prescription drugs for
  596  or to the agency or entity. The contract provider or
  597  subcontractor must require proof from each person seeking to
  598  fill a prescription or obtain treatment that the person is an
  599  eligible patient of the agency or entity and must, at a minimum,
  600  maintain a copy of this proof as part of the records of the
  601  contractor or subcontractor required under sub-subparagraph d.
  602         f. In addition to the departmental inspection authority set
  603  forth in s. 499.051, the establishment of the contract provider
  604  and subcontractor and all records pertaining to prescription
  605  drugs subject to this subparagraph shall be subject to
  606  inspection by the agency or entity. All records relating to
  607  prescription drugs of a manufacturer under this subparagraph
  608  shall be subject to audit by the manufacturer of those drugs,
  609  without identifying individual patient information.
  610         (b) Any of the following activities, which is not a
  611  violation of s. 499.005(21) if such activity is conducted in
  612  accordance with rules established by the department:
  613         1. The distribution sale, purchase, or trade of a
  614  prescription drug among federal, state, or local government
  615  health care entities that are under common control and are
  616  authorized to purchase such prescription drug.
  617         2. The distribution sale, purchase, or trade of a
  618  prescription drug or an offer to distribute sell, purchase, or
  619  trade a prescription drug for emergency medical reasons, which
  620  may include. For purposes of this subparagraph, The term
  621  “emergency medical reasons” includes transfers of prescription
  622  drugs by a retail pharmacy to another retail pharmacy to
  623  alleviate a temporary shortage. For purposes of this
  624  subparagraph, a drug shortage not caused by a public health
  625  emergency does not constitute an emergency medical reason.
  626         3. The distribution transfer of a prescription drug
  627  acquired by a medical director on behalf of a licensed emergency
  628  medical services provider to that emergency medical services
  629  provider and its transport vehicles for use in accordance with
  630  the provider’s license under chapter 401.
  631         4.The revocation of a sale or the return of a prescription
  632  drug to the person’s prescription drug wholesale supplier.
  633         4.5. The donation of a prescription drug by a health care
  634  entity to a charitable organization that has been granted an
  635  exemption under s. 501(c)(3) of the Internal Revenue Code of
  636  1986, as amended, and that is authorized to possess prescription
  637  drugs.
  638         5.6. The distribution transfer of a prescription drug by a
  639  person authorized to purchase or receive prescription drugs to a
  640  person licensed or permitted to handle reverse distributions or
  641  destruction under the laws of the jurisdiction in which the
  642  person handling the reverse distribution or destruction receives
  643  the drug.
  644         6.7. The distribution transfer of a prescription drug by a
  645  hospital or other health care entity to a person licensed under
  646  this part to repackage prescription drugs for the purpose of
  647  repackaging the prescription drug for use by that hospital, or
  648  other health care entity and other health care entities that are
  649  under common control, if ownership of the prescription drugs
  650  remains with the hospital or other health care entity at all
  651  times. In addition to the recordkeeping requirements of s.
  652  499.0121(6), the hospital or health care entity that distributes
  653  transfers prescription drugs pursuant to this subparagraph must
  654  reconcile all drugs distributed transferred and returned and
  655  resolve any discrepancies in a timely manner.
  656         (c)Intracompany distribution of any drug between members
  657  of an affiliate or within a manufacturer.
  658         (d)The distribution of a prescription drug by the
  659  manufacturer of the prescription drug.
  660         (e)(c) The distribution of prescription drug samples by
  661  manufacturers’ representatives or distributors’ representatives
  662  conducted in accordance with s. 499.028.
  663         (f)The distribution of a prescription drug by a third
  664  party logistics provider permitted or licensed pursuant to and
  665  operating in compliance with the laws of this state and federal
  666  law if such third-party logistics provider does not take
  667  ownership of the prescription drug.
  668         (g)The distribution of a prescription drug, or an offer to
  669  distribute a prescription drug by a repackager registered as a
  670  drug establishment with the United States Food and Drug
  671  Administration that has taken ownership or possession of the
  672  prescription drug and repacks it in accordance with this part.
  673         (h)The purchase or other acquisition by a dispenser,
  674  hospital, or other health care entity of a prescription drug for
  675  use by such dispenser, hospital, or other health care entity.
  676         (i)The distribution of a prescription drug by a hospital
  677  or other health care entity, or by a wholesale distributor or
  678  manufacturer operating at the direction of the hospital or other
  679  health care entity, to a repackager for the purpose of
  680  repackaging the prescription drug for use by that hospital, or
  681  other health care entity and other health care entities that are
  682  under common control, if ownership of the prescription drug
  683  remains with the hospital or other health care entity at all
  684  times.
  685         (j)(d) The distribution sale, purchase, or trade of blood
  686  and blood components intended for transfusion. As used in this
  687  paragraph, the term “blood” means whole blood collected from a
  688  single donor and processed for transfusion or further
  689  manufacturing, and the term “blood components” means that part
  690  of the blood separated by physical or mechanical means.
  691         (k)(e) The lawful dispensing of a prescription drug in
  692  accordance with chapter 465.
  693         (l)(f) The distribution sale, purchase, or trade of a
  694  prescription drug between pharmacies as a result of a sale,
  695  transfer, merger, or consolidation of all or part of the
  696  business of the pharmacies from or with another pharmacy,
  697  whether accomplished as a purchase and sale of stock or of
  698  business assets.
  699         (m)The distribution of minimal quantities of prescription
  700  drugs by a licensed retail pharmacy to a licensed practitioner
  701  for office use in compliance with chapter 465 and rules adopted
  702  thereunder. The department shall adopt rules specifying the
  703  quantities of prescription drugs which are considered to be
  704  minimal quantities. However, until such rules are adopted,
  705  minimal quantities distributed may not exceed 3 percent of the
  706  retail pharmacy’s total annual purchases of prescription drugs.
  707         (n)The distribution of an intravenous prescription drug
  708  that, by its formulation, is intended for the replenishment of
  709  fluids and electrolytes, such as sodium, chloride, and potassium
  710  or calories, such as dextrose and amino acids.
  711         (o)The distribution of an intravenous prescription drug
  712  used to maintain the equilibrium of water and minerals in the
  713  body, such as dialysis solutions.
  714         (p)The distribution of a prescription drug that is
  715  intended for irrigation or sterile water, whether intended for
  716  such purposes or for injection.
  717         (q)The distribution of an exempt medical convenience kit
  718  pursuant to 21 U.S.C. s. 353(e)(4)(M).
  719         (r)A common carrier that transports a prescription drug,
  720  if the common carrier does not take ownership of the
  721  prescription drug.
  722         (s)Saleable drug returns when conducted by a dispenser.
  723         (t)Facilitating the distribution of a prescription drug by
  724  providing solely administrative services, including processing
  725  of orders and payments.
  726         (u)The distribution by a charitable organization described
  727  in s. 501(c)(3) of the Internal Revenue Code of prescription
  728  drugs donated to or supplied at a reduced price to the
  729  charitable organization to:
  730         1.A licensed health care practitioner, as defined in s.
  731  456.001, who is authorized under the appropriate practice act to
  732  prescribe and administer prescription drugs;
  733         2.A health care clinic establishment permitted pursuant to
  734  chapter 499; or
  735         3.The Department of Health or the licensed medical
  736  director of a government agency health care entity, authorized
  737  to possess prescription drugs, for storage and use in the
  738  treatment of persons in need of emergency medical services,
  739  including controlling communicable diseases or providing
  740  protection from unsafe conditions that pose an imminent threat
  741  to public health,
  742  
  743  if the distributor and the receiving entity receive no direct or
  744  indirect financial benefit other than tax benefits related to
  745  charitable contributions. Distributions under this section that
  746  involve controlled substances must comply with all state and
  747  federal regulations pertaining to the handling of controlled
  748  substances.
  749         (v)The distribution of medical gas pursuant to part III of
  750  this chapter.
  751         (49)(54) “Wholesale distributor” means a any person, other
  752  than a manufacturer, a manufacturer’s co-licensed partner, a
  753  third-party logistics provider, or a repackager, who is engaged
  754  in wholesale distribution of prescription drugs in or into this
  755  state, including, but not limited to, manufacturers;
  756  repackagers; own-label distributors; jobbers; private-label
  757  distributors; brokers; warehouses, including manufacturers’ and
  758  distributors’ warehouses, chain drug warehouses, and wholesale
  759  drug warehouses; independent wholesale drug traders; exporters;
  760  retail pharmacies; and the agents thereof that conduct wholesale
  761  distributions.
  762         Section 3. Subsections (21), (28), and (29) of section
  763  499.005, Florida Statutes, are amended to read:
  764         499.005 Prohibited acts.—It is unlawful for a person to
  765  perform or cause the performance of any of the following acts in
  766  this state:
  767         (21) The wholesale distribution of any prescription drug
  768  that was:
  769         (a) Purchased by a public or private hospital or other
  770  health care entity; or
  771         (b) Donated or supplied at a reduced price to a charitable
  772  organization,
  773  
  774  unless the wholesale distribution of the prescription drug is
  775  authorized in s. 499.01(2)(h)1.c. 499.01(2)(g)1.c.
  776         (28) Failure to acquire or deliver a transaction history,
  777  transaction information, or transaction statement pedigree paper
  778  as required under this part and rules adopted under this part.
  779         (29)The receipt of a prescription drug pursuant to a
  780  wholesale distribution without having previously received or
  781  simultaneously receiving a pedigree paper that was attested to
  782  as accurate and complete by the wholesale distributor as
  783  required under this part.
  784         Section 4. Subsections (4) through (17) of section
  785  499.0051, Florida Statutes, are renumbered as subsections (3)
  786  through (16), respectively, and subsections (1) and (2), present
  787  subsection (3), paragraphs (h) and (i) of present subsection
  788  (12), paragraph (d) of present subsection (13), and present
  789  subsection (15) of that section are amended, to read:
  790         499.0051 Criminal acts.—
  791         (1) FAILURE TO MAINTAIN OR DELIVER TRANSACTION HISTORY,
  792  TRANSACTION INFORMATION, OR TRANSACTION STATEMENT PEDIGREE
  793  PAPERS.—
  794         (a) A person, other than a manufacturer, engaged in the
  795  wholesale distribution of prescription drugs who fails to
  796  deliver to another person a complete and accurate transaction
  797  history, transaction information, or transaction statement
  798  pedigree papers concerning a prescription drug or contraband
  799  prescription drug, as required by this chapter and rules adopted
  800  under this chapter, before prior to, or simultaneous with, the
  801  transfer of the prescription drug or contraband prescription
  802  drug to another person commits a felony of the third degree,
  803  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  804         (b) A person engaged in the wholesale distribution of
  805  prescription drugs who fails to acquire a complete and accurate
  806  transaction history, transaction information, or transaction
  807  statement pedigree papers concerning a prescription drug or
  808  contraband prescription drug, as required by this chapter and
  809  rules adopted under this chapter, before prior to, or
  810  simultaneous with, the receipt of the prescription drug or
  811  contraband prescription drug from another person commits a
  812  felony of the third degree, punishable as provided in s.
  813  775.082, s. 775.083, or s. 775.084.
  814         (c) Any person who knowingly destroys, alters, conceals, or
  815  fails to maintain a complete and accurate transaction history,
  816  transaction information, or transaction statement pedigree
  817  papers concerning any prescription drug or contraband
  818  prescription drug, as required by this chapter and rules adopted
  819  under this chapter, in his or her possession commits a felony of
  820  the third degree, punishable as provided in s. 775.082, s.
  821  775.083, or s. 775.084.
  822         (2)FAILURE TO AUTHENTICATE PEDIGREE PAPERS.—Effective July
  823  1, 2006:
  824         (a)A person engaged in the wholesale distribution of
  825  prescription drugs who is in possession of pedigree papers
  826  concerning prescription drugs or contraband prescription drugs
  827  and who fails to authenticate the matters contained in the
  828  pedigree papers and who nevertheless attempts to further
  829  distribute prescription drugs or contraband prescription drugs
  830  commits a felony of the third degree, punishable as provided in
  831  s. 775.082, s. 775.083, or s. 775.084.
  832         (b)A person in possession of pedigree papers concerning
  833  prescription drugs or contraband prescription drugs who falsely
  834  swears or certifies that he or she has authenticated the matters
  835  contained in the pedigree papers commits a felony of the third
  836  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  837  775.084.
  838         (2)(3) KNOWING FORGERY OF TRANSACTION HISTORY, TRANSACTION
  839  INFORMATION, OR TRANSACTION STATEMENT PEDIGREE PAPERS.—A person
  840  who knowingly forges, counterfeits, or falsely creates any
  841  transaction history, transaction information, or transaction
  842  statement pedigree paper; who falsely represents any factual
  843  matter contained on any transaction history, transaction
  844  information, or transaction statement pedigree paper; or who
  845  knowingly omits to record material information required to be
  846  recorded in a transaction history, transaction information, or
  847  transaction statement pedigree paper, commits a felony of the
  848  second degree, punishable as provided in s. 775.082, s. 775.083,
  849  or s. 775.084.
  850         (11)(12) ADULTERATED AND MISBRANDED DRUGS; FALSE
  851  ADVERTISEMENT; FAILURE TO MAINTAIN RECORDS RELATING TO DRUGS.
  852  Any person who violates any of the following provisions commits
  853  a misdemeanor of the second degree, punishable as provided in s.
  854  775.082 or s. 775.083; but, if the violation is committed after
  855  a conviction of such person under this subsection has become
  856  final, such person commits a misdemeanor of the first degree,
  857  punishable as provided in s. 775.082 or s. 775.083, or as
  858  otherwise provided in this part:
  859         (h) The failure to maintain records related to a drug as
  860  required by this part and rules adopted under this part, except
  861  for transaction histories, transaction information, or
  862  transaction statements pedigree papers, invoices, or shipping
  863  documents related to prescription drugs.
  864         (i) The possession of any drug in violation of this part,
  865  except if the violation relates to a deficiency in transaction
  866  histories, transaction information, or transaction statements
  867  pedigree papers.
  868         (12)(13) REFUSAL TO ALLOW INSPECTION; SELLING, PURCHASING,
  869  OR TRADING DRUG SAMPLES; FAILURE TO MAINTAIN RECORDS RELATING TO
  870  PRESCRIPTION DRUGS.—Any person who violates any of the following
  871  provisions commits a felony of the third degree, punishable as
  872  provided in s. 775.082, s. 775.083, or s. 775.084, or as
  873  otherwise provided in this part:
  874         (d) The failure to receive, maintain, or provide invoices
  875  and shipping documents, other than pedigree papers, if
  876  applicable, related to the distribution of a prescription drug.
  877         (14)(15) FALSE ADVERTISEMENT.—A publisher, radio broadcast
  878  licensee, or agency or medium for the dissemination of an
  879  advertisement, except the manufacturer, repackager, wholesale
  880  distributor, or seller of the article to which a false
  881  advertisement relates, is not liable under subsection (11) (12),
  882  subsection (12) (13), or subsection (13) (14) by reason of the
  883  dissemination by him or her of such false advertisement, unless
  884  he or she has refused, on the request of the department, to
  885  furnish to the department the name and post office address of
  886  the manufacturer, repackager, wholesale distributor, seller, or
  887  advertising agency that asked him or her to disseminate such
  888  advertisement.
  889         Section 5. Section 499.006, Florida Statutes, is amended to
  890  read:
  891         499.006 Adulterated drug or device.—A drug or device is
  892  adulterated, if any of the following apply:
  893         (1) If It consists in whole or in part of any filthy,
  894  putrid, or decomposed substance.;
  895         (2) If It has been produced, prepared, packed, or held
  896  under conditions whereby it could have been contaminated with
  897  filth or rendered injurious to health.;
  898         (3) If It is a drug and the methods used in, or the
  899  facilities or controls used for, its manufacture, processing,
  900  packing, or holding do not conform to, or are not operated or
  901  administered in conformity with, current good manufacturing
  902  practices to assure that the drug meets the requirements of this
  903  part and that the drug has the identity and strength, and meets
  904  the standard of quality and purity, which it purports or is
  905  represented to possess.;
  906         (4) If It is a drug and its container is composed, in whole
  907  or in part, of any poisonous or deleterious substance which
  908  could render the contents injurious to health.;
  909         (5) If It is a drug and it bears or contains, for the
  910  purpose of coloring only, a color additive that is unsafe within
  911  the meaning of the federal act; or, if it is a color additive,
  912  the intended use of which in or on drugs is for the purpose of
  913  coloring only, and it is unsafe within the meaning of the
  914  federal act.;
  915         (6) If It purports to be, or is represented as, a drug the
  916  name of which is recognized in the official compendium, and its
  917  strength differs from, or its quality or purity falls below, the
  918  standard set forth in such compendium. The determination as to
  919  strength, quality, or purity must be made in accordance with the
  920  tests or methods of assay set forth in such compendium, or, when
  921  such tests or methods of assay are absent or inadequate, in
  922  accordance with those tests or methods of assay prescribed under
  923  authority of the federal act. A drug defined in the official
  924  compendium is not adulterated under this subsection merely
  925  because it differs from the standard of strength, quality, or
  926  purity set forth for that drug in such compendium if its
  927  difference in strength, quality, or purity from such standard is
  928  plainly stated on its label.;
  929         (7) If It is not subject to subsection (6) and its strength
  930  differs from, or its purity or quality falls below the standard
  931  of, that which it purports or is represented to possess.;
  932         (8) If It is a drug:
  933         (a) With which any substance has been mixed or packed so as
  934  to reduce the quality or strength of the drug; or
  935         (b) For which any substance has been substituted wholly or
  936  in part.;
  937         (9) If It is a drug or device for which the expiration date
  938  has passed.;
  939         (10) If It is a prescription drug for which the required
  940  transaction history, transaction information, or transaction
  941  statement pedigree paper is nonexistent, fraudulent, or
  942  incomplete under the requirements of this part or applicable
  943  rules, or that has been purchased, held, sold, or distributed at
  944  any time by a person not authorized under federal or state law
  945  to do so.; or
  946         (11) If It is a prescription drug subject to, defined by,
  947  or described by s. 503(b) of the Federal Food, Drug, and
  948  Cosmetic Act which has been returned by a veterinarian to a
  949  limited prescription drug veterinary wholesale distributor.
  950         Section 6. Section 499.01, Florida Statutes, is amended to
  951  read:
  952         499.01 Permits.—
  953         (1) Before Prior to operating, a permit is required for
  954  each person and establishment that intends to operate as:
  955         (a) A prescription drug manufacturer;
  956         (b) A prescription drug repackager;
  957         (c) A nonresident prescription drug manufacturer;
  958         (d)A nonresident prescription drug repackager;
  959         (e)(d) A prescription drug wholesale distributor;
  960         (f)(e) An out-of-state prescription drug wholesale
  961  distributor;
  962         (g)(f) A retail pharmacy drug wholesale distributor;
  963         (h)(g) A restricted prescription drug distributor;
  964         (i)(h) A complimentary drug distributor;
  965         (j)(i) A freight forwarder;
  966         (k)(j) A veterinary prescription drug retail establishment;
  967         (l)(k) A veterinary prescription drug wholesale
  968  distributor;
  969         (m)(l) A limited prescription drug veterinary wholesale
  970  distributor;
  971         (n)(m) An over-the-counter drug manufacturer;
  972         (o)(n) A device manufacturer;
  973         (p)(o) A cosmetic manufacturer;
  974         (q)(p) A third party logistics provider; or
  975         (r)(q) A health care clinic establishment.
  976         (2) The following permits are established:
  977         (a) Prescription drug manufacturer permit.—A prescription
  978  drug manufacturer permit is required for any person that is a
  979  manufacturer of a prescription drug and that manufactures or
  980  distributes such prescription drugs in this state.
  981         1. A person that operates an establishment permitted as a
  982  prescription drug manufacturer may engage in wholesale
  983  distribution of prescription drugs for which the person is the
  984  manufacturer manufactured at that establishment and must comply
  985  with s. 499.0121 and all other of the provisions of this part,
  986  except s. 499.01212, and the rules adopted under this part,
  987  except s. 499.01212, which apply to a wholesale distributor. The
  988  department shall adopt rules for issuing a virtual prescription
  989  drug manufacturer permit to a person who engages in the
  990  manufacture of prescription drugs but does not make or take
  991  physical possession of any prescription drugs. The rules adopted
  992  by the department under this section may exempt virtual
  993  manufacturers from certain establishment, security, and storage
  994  requirements set forth in s. 499.0121.
  995         2. A prescription drug manufacturer must comply with all
  996  appropriate state and federal good manufacturing practices.
  997         3. A blood establishment, as defined in s. 381.06014,
  998  operating in a manner consistent with the provisions of 21
  999  C.F.R. parts 211 and 600-640, and manufacturing only the
 1000  prescription drugs described in s. 499.003(48)(j) 499.003(53)(d)
 1001  is not required to be permitted as a prescription drug
 1002  manufacturer under this paragraph or to register products under
 1003  s. 499.015.
 1004         (b) Prescription drug repackager permit.—A prescription
 1005  drug repackager permit is required for any person that
 1006  repackages a prescription drug in this state.
 1007         1. A person that operates an establishment permitted as a
 1008  prescription drug repackager may engage in wholesale
 1009  distribution of prescription drugs repackaged at that
 1010  establishment and must comply with all of the provisions of this
 1011  part and the rules adopted under this part that apply to a
 1012  prescription drug manufacturer wholesale distributor.
 1013         2. A prescription drug repackager must comply with all
 1014  appropriate state and federal good manufacturing practices.
 1015         (c) Nonresident prescription drug manufacturer permit.—A
 1016  nonresident prescription drug manufacturer permit is required
 1017  for any person that is a manufacturer of prescription drugs,
 1018  unless permitted as a third party logistics provider, located
 1019  outside of this state or outside the United States and that
 1020  engages in the wholesale distribution in this state of such
 1021  prescription drugs. Each such manufacturer must be permitted by
 1022  the department and comply with all of the provisions required of
 1023  a prescription drug manufacturer wholesale distributor under
 1024  this part, except s. 499.01212. The department shall adopt rules
 1025  for issuing a virtual nonresident prescription drug manufacturer
 1026  permit to a person who engages in the manufacture of
 1027  prescription drugs but does not make or take physical possession
 1028  of any prescription drugs. The rules adopted by the department
 1029  under this section may exempt virtual nonresident manufacturers
 1030  from certain establishment, security, and storage requirements
 1031  set forth in s. 499.0121.
 1032         1. A person that distributes prescription drugs for which
 1033  the person is not the manufacturer must also obtain an out-of
 1034  state prescription drug wholesale distributor permit or third
 1035  party logistics provider permit pursuant to this section to
 1036  engage in the wholesale distribution of such prescription drugs
 1037  when required by this part. This subparagraph does not apply to
 1038  a manufacturer that distributes prescription drugs only for the
 1039  manufacturer of the prescription drugs where both manufacturers
 1040  are affiliates as defined in s. 499.003(30)(e).
 1041         2. Any such person must comply with the licensing or
 1042  permitting requirements of the jurisdiction in which the
 1043  establishment is located and the federal act, and any
 1044  prescription drug distributed product wholesaled into this state
 1045  must comply with this part. If a person intends to import
 1046  prescription drugs from a foreign country into this state, the
 1047  nonresident prescription drug manufacturer must provide to the
 1048  department a list identifying each prescription drug it intends
 1049  to import and document approval by the United States Food and
 1050  Drug Administration for such importation.
 1051         (d)Nonresident prescription drug repackager permit.–A
 1052  nonresident prescription drug repackager permit is required for
 1053  any person located outside of this state, but within the United
 1054  States or its territories, that repackages prescription drugs
 1055  and engages in the distribution of such prescription drugs into
 1056  this state.
 1057         1.A nonresident prescription drug repackager must comply
 1058  with all of the provisions of this section and the rules adopted
 1059  under this section that apply to a prescription drug
 1060  manufacturer.
 1061         2.A nonresident prescription drug repackager must be
 1062  permitted by the department and comply with all appropriate
 1063  state and federal good manufacturing practices.
 1064         3.A nonresident prescription drug repackager must be
 1065  registered as a drug establishment with the United States Food
 1066  and Drug Administration.
 1067         (e)(d)Prescription drug wholesale distributor permit.—A
 1068  prescription drug wholesale distributor permit is required for
 1069  any person who is a wholesale distributor of prescription drugs
 1070  and that may engage in the wholesale distributes such
 1071  distribution of prescription drugs in this state. A prescription
 1072  drug wholesale distributor that applies to the department for a
 1073  new permit or the renewal of a permit must submit a bond of
 1074  $100,000, or other equivalent means of security acceptable to
 1075  the department, such as an irrevocable letter of credit or a
 1076  deposit in a trust account or financial institution, payable to
 1077  the Professional Regulation Trust Fund. The purpose of the bond
 1078  is to secure payment of any administrative penalties imposed by
 1079  the department and any fees and costs incurred by the department
 1080  regarding that permit which are authorized under state law and
 1081  which the permittee fails to pay 30 days after the fine or costs
 1082  become final. The department may make a claim against such bond
 1083  or security until 1 year after the permittee’s license ceases to
 1084  be valid or until 60 days after any administrative or legal
 1085  proceeding authorized in this part which involves the permittee
 1086  is concluded, including any appeal, whichever occurs later. The
 1087  department may adopt rules for issuing a prescription drug
 1088  wholesale distributor-broker permit to a person who engages in
 1089  the wholesale distribution of prescription drugs and does not
 1090  take physical possession of any prescription drugs.
 1091         (f)(e)Out-of-state prescription drug wholesale distributor
 1092  permit.—An out-of-state prescription drug wholesale distributor
 1093  permit is required for any person that is a wholesale
 1094  distributor located outside this state, but within the United
 1095  States or its territories, which engages in the wholesale
 1096  distribution of prescription drugs into this state and which
 1097  must be permitted by the department and comply with all the
 1098  provisions required of a wholesale distributor under this part.
 1099  An out-of-state prescription drug wholesale distributor that
 1100  applies to the department for a new permit or the renewal of a
 1101  permit must submit a bond of $100,000, or other equivalent means
 1102  of security acceptable to the department, such as an irrevocable
 1103  letter of credit or a deposit in a trust account or financial
 1104  institution, payable to the Professional Regulation Trust Fund.
 1105  The purpose of the bond is to secure payment of any
 1106  administrative penalties imposed by the department and any fees
 1107  and costs incurred by the department regarding that permit which
 1108  are authorized under state law and which the permittee fails to
 1109  pay 30 days after the fine or costs become final. The department
 1110  may make a claim against such bond or security until 1 year
 1111  after the permittee’s license ceases to be valid or until 60
 1112  days after any administrative or legal proceeding authorized in
 1113  this part which involves the permittee is concluded, including
 1114  any appeal, whichever occurs later. The out-of-state
 1115  prescription drug wholesale distributor must maintain at all
 1116  times a license or permit to engage in the wholesale
 1117  distribution of prescription drugs in compliance with laws of
 1118  the state in which it is a resident. If the state from which the
 1119  wholesale distributor distributes prescription drugs does not
 1120  require a license to engage in the wholesale distribution of
 1121  prescription drugs, the distributor must be licensed as a
 1122  wholesale distributor as required by the federal act.
 1123         (g)(f)Retail pharmacy drug wholesale distributor permit.—A
 1124  retail pharmacy drug wholesale distributor is a retail pharmacy
 1125  engaged in wholesale distribution of prescription drugs within
 1126  this state under the following conditions:
 1127         1. The pharmacy must obtain a retail pharmacy drug
 1128  wholesale distributor permit pursuant to this part and the rules
 1129  adopted under this part.
 1130         2. The wholesale distribution activity does not exceed 30
 1131  percent of the total annual purchases of prescription drugs. If
 1132  the wholesale distribution activity exceeds the 30-percent
 1133  maximum, the pharmacy must obtain a prescription drug wholesale
 1134  distributor permit.
 1135         3. The transfer of prescription drugs that appear in any
 1136  schedule contained in chapter 893 is subject to chapter 893 and
 1137  the federal Comprehensive Drug Abuse Prevention and Control Act
 1138  of 1970.
 1139         4. The transfer is between a retail pharmacy and another
 1140  retail pharmacy, or a Modified Class II institutional pharmacy,
 1141  or a health care practitioner licensed in this state and
 1142  authorized by law to dispense or prescribe prescription drugs.
 1143         5. All records of sales of prescription drugs subject to
 1144  this section must be maintained separate and distinct from other
 1145  records and comply with the recordkeeping requirements of this
 1146  part.
 1147         (h)(g)Restricted prescription drug distributor permit.—
 1148         1. A restricted prescription drug distributor permit is
 1149  required for:
 1150         a. Any person located in this state who engages in the
 1151  distribution of a prescription drug, which distribution is not
 1152  considered “wholesale distribution” under s. 499.003(48)(a)
 1153  499.003(53)(a).
 1154         b. Any person located in this state who engages in the
 1155  receipt or distribution of a prescription drug in this state for
 1156  the purpose of processing its return or its destruction if such
 1157  person is not the person initiating the return, the prescription
 1158  drug wholesale supplier of the person initiating the return, or
 1159  the manufacturer of the drug.
 1160         c. A blood establishment located in this state which
 1161  collects blood and blood components only from volunteer donors
 1162  as defined in s. 381.06014 or pursuant to an authorized
 1163  practitioner’s order for medical treatment or therapy and
 1164  engages in the wholesale distribution of a prescription drug not
 1165  described in s. 499.003(48)(j) 499.003(53)(d) to a health care
 1166  entity. A mobile blood unit operated by a blood establishment
 1167  permitted under this sub-subparagraph is not required to be
 1168  separately permitted. The health care entity receiving a
 1169  prescription drug distributed under this sub-subparagraph must
 1170  be licensed as a closed pharmacy or provide health care services
 1171  at that establishment. The blood establishment must operate in
 1172  accordance with s. 381.06014 and may distribute only:
 1173         (I) Prescription drugs indicated for a bleeding or clotting
 1174  disorder or anemia;
 1175         (II) Blood-collection containers approved under s. 505 of
 1176  the federal act;
 1177         (III) Drugs that are blood derivatives, or a recombinant or
 1178  synthetic form of a blood derivative;
 1179         (IV) Prescription drugs that are identified in rules
 1180  adopted by the department and that are essential to services
 1181  performed or provided by blood establishments and authorized for
 1182  distribution by blood establishments under federal law; or
 1183         (V) To the extent authorized by federal law, drugs
 1184  necessary to collect blood or blood components from volunteer
 1185  blood donors; for blood establishment personnel to perform
 1186  therapeutic procedures under the direction and supervision of a
 1187  licensed physician; and to diagnose, treat, manage, and prevent
 1188  any reaction of a volunteer blood donor or a patient undergoing
 1189  a therapeutic procedure performed under the direction and
 1190  supervision of a licensed physician,
 1191  
 1192  as long as all of the health care services provided by the blood
 1193  establishment are related to its activities as a registered
 1194  blood establishment or the health care services consist of
 1195  collecting, processing, storing, or administering human
 1196  hematopoietic stem cells or progenitor cells or performing
 1197  diagnostic testing of specimens if such specimens are tested
 1198  together with specimens undergoing routine donor testing. The
 1199  blood establishment may purchase and possess the drugs described
 1200  in this sub-subparagraph without a health care clinic
 1201  establishment permit.
 1202         2. Storage, handling, and recordkeeping of these
 1203  distributions by a person required to be permitted as a
 1204  restricted prescription drug distributor must be in accordance
 1205  with the requirements for wholesale distributors under s.
 1206  499.0121, but not those set forth in s. 499.01212 if the
 1207  distribution occurs pursuant to sub-subparagraph 1.a. or sub
 1208  subparagraph 1.b.
 1209         3. A person who applies for a permit as a restricted
 1210  prescription drug distributor, or for the renewal of such a
 1211  permit, must provide to the department the information required
 1212  under s. 499.012.
 1213         4. The department may adopt rules regarding the
 1214  distribution of prescription drugs by hospitals, health care
 1215  entities, charitable organizations, other persons not involved
 1216  in wholesale distribution, and blood establishments, which rules
 1217  are necessary for the protection of the public health, safety,
 1218  and welfare.
 1219         5.A restricted prescription drug distributor permit is not
 1220  required for distributions between pharmacies that each hold an
 1221  active permit under chapter 465, have a common ownership, and
 1222  are operating in a freestanding end-stage renal dialysis clinic,
 1223  if such distributions are made to meet the immediate emergency
 1224  medical needs of specifically identified patients and do not
 1225  occur with such frequency as to amount to the regular and
 1226  systematic supplying of that drug between the pharmacies. The
 1227  department shall adopt rules establishing when the distribution
 1228  of a prescription drug under this subparagraph amounts to the
 1229  regular and systematic supplying of that drug.
 1230         (i)(h)Complimentary drug distributor permit.—A
 1231  complimentary drug distributor permit is required for any person
 1232  that engages in the distribution of a complimentary drug,
 1233  subject to the requirements of s. 499.028.
 1234         (j)(i)Freight forwarder permit.—A freight forwarder permit
 1235  is required for any person that engages in the distribution of a
 1236  prescription drug as a freight forwarder unless the person is a
 1237  common carrier. The storage, handling, and recordkeeping of such
 1238  distributions must comply with the requirements for wholesale
 1239  distributors under s. 499.0121, but not those set forth in s.
 1240  499.01212. A freight forwarder must provide the source of the
 1241  prescription drugs with a validated airway bill, bill of lading,
 1242  or other appropriate documentation to evidence the exportation
 1243  of the product.
 1244         (k)(j)Veterinary prescription drug retail establishment
 1245  permit.—A veterinary prescription drug retail establishment
 1246  permit is required for any person that sells veterinary
 1247  prescription drugs to the public but does not include a pharmacy
 1248  licensed under chapter 465.
 1249         1. The sale to the public must be based on a valid written
 1250  order from a veterinarian licensed in this state who has a valid
 1251  client-veterinarian relationship with the purchaser’s animal.
 1252         2. Veterinary prescription drugs may not be sold in excess
 1253  of the amount clearly indicated on the order or beyond the date
 1254  indicated on the order.
 1255         3. An order may not be valid for more than 1 year.
 1256         4. A veterinary prescription drug retail establishment may
 1257  not purchase, sell, trade, or possess human prescription drugs
 1258  or any controlled substance as defined in chapter 893.
 1259         5. A veterinary prescription drug retail establishment must
 1260  sell a veterinary prescription drug in the original, sealed
 1261  manufacturer’s container with all labeling intact and legible.
 1262  The department may adopt by rule additional labeling
 1263  requirements for the sale of a veterinary prescription drug.
 1264         6. A veterinary prescription drug retail establishment must
 1265  comply with all of the wholesale distribution requirements of s.
 1266  499.0121.
 1267         7. Prescription drugs sold by a veterinary prescription
 1268  drug retail establishment pursuant to a practitioner’s order may
 1269  not be returned into the retail establishment’s inventory.
 1270         (l)(k)Veterinary prescription drug wholesale distributor
 1271  permit.—A veterinary prescription drug wholesale distributor
 1272  permit is required for any person that engages in the
 1273  distribution of veterinary prescription drugs in or into this
 1274  state. A veterinary prescription drug wholesale distributor that
 1275  also distributes prescription drugs subject to, defined by, or
 1276  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1277  Act which it did not manufacture must obtain a permit as a
 1278  prescription drug wholesale distributor, an out-of-state
 1279  prescription drug wholesale distributor, or a limited
 1280  prescription drug veterinary wholesale distributor in lieu of
 1281  the veterinary prescription drug wholesale distributor permit. A
 1282  veterinary prescription drug wholesale distributor must comply
 1283  with the requirements for wholesale distributors under s.
 1284  499.0121, but not those set forth in s. 499.01212.
 1285         (m)(l)Limited prescription drug veterinary wholesale
 1286  distributor permit.—Unless engaging in the activities of and
 1287  permitted as a prescription drug manufacturer, nonresident
 1288  prescription drug manufacturer, prescription drug wholesale
 1289  distributor, or out-of-state prescription drug wholesale
 1290  distributor, a limited prescription drug veterinary wholesale
 1291  distributor permit is required for any person that engages in
 1292  the distribution in or into this state of veterinary
 1293  prescription drugs and prescription drugs subject to, defined
 1294  by, or described by s. 503(b) of the Federal Food, Drug, and
 1295  Cosmetic Act under the following conditions:
 1296         1. The person is engaged in the business of wholesaling
 1297  prescription and veterinary prescription drugs to persons:
 1298         a. Licensed as veterinarians practicing on a full-time
 1299  basis;
 1300         b. Regularly and lawfully engaged in instruction in
 1301  veterinary medicine;
 1302         c. Regularly and lawfully engaged in law enforcement
 1303  activities;
 1304         d. For use in research not involving clinical use; or
 1305         e. For use in chemical analysis or physical testing or for
 1306  purposes of instruction in law enforcement activities, research,
 1307  or testing.
 1308         2. No more than 30 percent of total annual prescription
 1309  drug sales may be prescription drugs approved for human use
 1310  which are subject to, defined by, or described by s. 503(b) of
 1311  the Federal Food, Drug, and Cosmetic Act.
 1312         3. The person does not distribute in any jurisdiction
 1313  prescription drugs subject to, defined by, or described by s.
 1314  503(b) of the Federal Food, Drug, and Cosmetic Act to any person
 1315  who is authorized to sell, distribute, purchase, trade, or use
 1316  these drugs on or for humans.
 1317         4. A limited prescription drug veterinary wholesale
 1318  distributor that applies to the department for a new permit or
 1319  the renewal of a permit must submit a bond of $20,000, or other
 1320  equivalent means of security acceptable to the department, such
 1321  as an irrevocable letter of credit or a deposit in a trust
 1322  account or financial institution, payable to the Professional
 1323  Regulation Trust Fund. The purpose of the bond is to secure
 1324  payment of any administrative penalties imposed by the
 1325  department and any fees and costs incurred by the department
 1326  regarding that permit which are authorized under state law and
 1327  which the permittee fails to pay 30 days after the fine or costs
 1328  become final. The department may make a claim against such bond
 1329  or security until 1 year after the permittee’s license ceases to
 1330  be valid or until 60 days after any administrative or legal
 1331  proceeding authorized in this part which involves the permittee
 1332  is concluded, including any appeal, whichever occurs later.
 1333         5. A limited prescription drug veterinary wholesale
 1334  distributor must maintain at all times a license or permit to
 1335  engage in the wholesale distribution of prescription drugs in
 1336  compliance with laws of the state in which it is a resident.
 1337         6. A limited prescription drug veterinary wholesale
 1338  distributor must comply with the requirements for wholesale
 1339  distributors under s. ss. 499.0121 and 499.01212, except that a
 1340  limited prescription drug veterinary wholesale distributor is
 1341  not required to provide a pedigree paper as required by s.
 1342  499.01212 upon the wholesale distribution of a prescription drug
 1343  to a veterinarian.
 1344         7. A limited prescription drug veterinary wholesale
 1345  distributor may not return to inventory for subsequent wholesale
 1346  distribution any prescription drug subject to, defined by, or
 1347  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 1348  Act which has been returned by a veterinarian.
 1349         8. A limited prescription drug veterinary wholesale
 1350  distributor permit is not required for an intracompany sale or
 1351  transfer of a prescription drug from an out-of-state
 1352  establishment that is duly licensed to engage in the wholesale
 1353  distribution of prescription drugs in its state of residence to
 1354  a licensed limited prescription drug veterinary wholesale
 1355  distributor in this state if both wholesale distributors conduct
 1356  wholesale distributions of prescription drugs under the same
 1357  business name. The recordkeeping requirements of s. ss.
 1358  499.0121(6) and 499.01212 must be followed for this transaction.
 1359         (n)(m)Over-the-counter drug manufacturer permit.—An over
 1360  the-counter drug manufacturer permit is required for any person
 1361  that engages in the manufacture or repackaging of an over-the
 1362  counter drug.
 1363         1. An over-the-counter drug manufacturer may not possess or
 1364  purchase prescription drugs.
 1365         2. A pharmacy is exempt from obtaining an over-the-counter
 1366  drug manufacturer permit if it is operating in compliance with
 1367  pharmacy practice standards as defined in chapter 465 and the
 1368  rules adopted under that chapter.
 1369         3. An over-the-counter drug manufacturer must comply with
 1370  all appropriate state and federal good manufacturing practices.
 1371         (o)(n)Device manufacturer permit.—
 1372         1. A device manufacturer permit is required for any person
 1373  that engages in the manufacture, repackaging, or assembly of
 1374  medical devices for human use in this state, except that a
 1375  permit is not required if:
 1376         a. The person is engaged only in manufacturing,
 1377  repackaging, or assembling a medical device pursuant to a
 1378  practitioner’s order for a specific patient; or
 1379         b. The person does not manufacture, repackage, or assemble
 1380  any medical devices or components for such devices, except those
 1381  devices or components which are exempt from registration
 1382  pursuant to s. 499.015(8).
 1383         2. A manufacturer or repackager of medical devices in this
 1384  state must comply with all appropriate state and federal good
 1385  manufacturing practices and quality system rules.
 1386         3. The department shall adopt rules related to storage,
 1387  handling, and recordkeeping requirements for manufacturers of
 1388  medical devices for human use.
 1389         (p)(o)Cosmetic manufacturer permit.—A cosmetic
 1390  manufacturer permit is required for any person that manufactures
 1391  or repackages cosmetics in this state. A person that only labels
 1392  or changes the labeling of a cosmetic but does not open the
 1393  container sealed by the manufacturer of the product is exempt
 1394  from obtaining a permit under this paragraph.
 1395         (q)(p)Third party logistics provider permit.—A third party
 1396  logistics provider permit is required for any person that
 1397  contracts with a prescription drug wholesale distributor or
 1398  prescription drug manufacturer to provide warehousing,
 1399  distribution, or other logistics services on behalf of a
 1400  manufacturer, or wholesale distributor, or dispenser, but who
 1401  does not take title to the prescription drug or have
 1402  responsibility to direct the sale or disposition of the
 1403  prescription drug. A third party logistics provider located
 1404  outside of this state, must be licensed in the state or
 1405  territory from which the prescription drug is distributed by the
 1406  third party logistics provider. If the state or territory from
 1407  which the third party logistics provider originates does not
 1408  require a license to operate as a third party logistics
 1409  provider, the third party logistics provider must be licensed as
 1410  a third party logistics provider as required by the federal act.
 1411  Each third party logistics provider permittee shall comply with
 1412  s. the requirements for wholesale distributors under ss.
 1413  499.0121 and 499.01212, with the exception of those wholesale
 1414  distributions described in s. 499.01212(3)(a), and other rules
 1415  that the department requires.
 1416         (r)(q)Health care clinic establishment permit.Effective
 1417  January 1, 2009, A health care clinic establishment permit is
 1418  required for the purchase of a prescription drug by a place of
 1419  business at one general physical location that provides health
 1420  care or veterinary services, which is owned and operated by a
 1421  business entity that has been issued a federal employer tax
 1422  identification number. For the purpose of this paragraph, the
 1423  term “qualifying practitioner” means a licensed health care
 1424  practitioner defined in s. 456.001, or a veterinarian licensed
 1425  under chapter 474, who is authorized under the appropriate
 1426  practice act to prescribe and administer a prescription drug.
 1427         1. An establishment must provide, as part of the
 1428  application required under s. 499.012, designation of a
 1429  qualifying practitioner who will be responsible for complying
 1430  with all legal and regulatory requirements related to the
 1431  purchase, recordkeeping, storage, and handling of the
 1432  prescription drugs. In addition, the designated qualifying
 1433  practitioner shall be the practitioner whose name, establishment
 1434  address, and license number is used on all distribution
 1435  documents for prescription drugs purchased or returned by the
 1436  health care clinic establishment. Upon initial appointment of a
 1437  qualifying practitioner, the qualifying practitioner and the
 1438  health care clinic establishment shall notify the department on
 1439  a form furnished by the department within 10 days after such
 1440  employment. In addition, the qualifying practitioner and health
 1441  care clinic establishment shall notify the department within 10
 1442  days after any subsequent change.
 1443         2. The health care clinic establishment must employ a
 1444  qualifying practitioner at each establishment.
 1445         3. In addition to the remedies and penalties provided in
 1446  this part, a violation of this chapter by the health care clinic
 1447  establishment or qualifying practitioner constitutes grounds for
 1448  discipline of the qualifying practitioner by the appropriate
 1449  regulatory board.
 1450         4. The purchase of prescription drugs by the health care
 1451  clinic establishment is prohibited during any period of time
 1452  when the establishment does not comply with this paragraph.
 1453         5. A health care clinic establishment permit is not a
 1454  pharmacy permit or otherwise subject to chapter 465. A health
 1455  care clinic establishment that meets the criteria of a modified
 1456  Class II institutional pharmacy under s. 465.019 is not eligible
 1457  to be permitted under this paragraph.
 1458         6. This paragraph does not apply to the purchase of a
 1459  prescription drug by a licensed practitioner under his or her
 1460  license.
 1461         (3) A nonresident prescription drug manufacturer permit is
 1462  not required for a manufacturer to distribute a prescription
 1463  drug active pharmaceutical ingredient that it manufactures to a
 1464  prescription drug manufacturer permitted in this state in
 1465  limited quantities intended for research and development and not
 1466  for resale or human use other than lawful clinical trials and
 1467  biostudies authorized and regulated by federal law. A
 1468  manufacturer claiming to be exempt from the permit requirements
 1469  of this subsection and the prescription drug manufacturer
 1470  purchasing and receiving the active pharmaceutical ingredient
 1471  shall comply with the recordkeeping requirements of s.
 1472  499.0121(6), but not the requirements of s. 499.01212. The
 1473  prescription drug manufacturer purchasing and receiving the
 1474  active pharmaceutical ingredient shall maintain on file a record
 1475  of the FDA registration number; if available, the out-of-state
 1476  license, permit, or registration number; and, if available, a
 1477  copy of the most current FDA inspection report, for all
 1478  manufacturers from whom they purchase active pharmaceutical
 1479  ingredients under this section. The department shall define the
 1480  term “limited quantities” by rule, and may include the allowable
 1481  number of transactions within a given period of time and the
 1482  amount of prescription drugs distributed into the state for
 1483  purposes of this exemption. The failure to comply with the
 1484  requirements of this subsection, or rules adopted by the
 1485  department to administer this subsection, for the purchase of
 1486  prescription drug active pharmaceutical ingredients is a
 1487  violation of s. 499.005(14), and a knowing failure is a
 1488  violation of s. 499.0051(3) 499.0051(4).
 1489         (a)The immediate package or container of a prescription
 1490  drug active pharmaceutical ingredient distributed into the state
 1491  that is intended for research and development under this
 1492  subsection shall bear a label prominently displaying the
 1493  statement: “Caution: Research and Development Only—Not for
 1494  Manufacturing, Compounding, or Resale.”
 1495         (b)A prescription drug manufacturer that obtains a
 1496  prescription drug active pharmaceutical ingredient under this
 1497  subsection for use in clinical trials and or biostudies
 1498  authorized and regulated by federal law must create and maintain
 1499  records detailing the specific clinical trials or biostudies for
 1500  which the prescription drug active pharmaceutical ingredient was
 1501  obtained.
 1502         (4)(a) A permit issued under this part is not required to
 1503  distribute a prescription drug active pharmaceutical ingredient
 1504  from an establishment located in the United States to an
 1505  establishment located in this state permitted as a prescription
 1506  drug manufacturer under this part for use by the recipient in
 1507  preparing, deriving, processing, producing, or fabricating a
 1508  prescription drug finished dosage form at the establishment in
 1509  this state where the product is received under an approved and
 1510  otherwise valid New Drug Approval Application, Abbreviated New
 1511  Drug Application, New Animal Drug Application, or Therapeutic
 1512  Biologic Application, provided that the application, active
 1513  pharmaceutical ingredient, or finished dosage form has not been
 1514  withdrawn or removed from the market in this country for public
 1515  health reasons.
 1516         1. Any distributor claiming exemption from permitting
 1517  requirements pursuant to this paragraph shall maintain a
 1518  license, permit, or registration to engage in the wholesale
 1519  distribution of prescription drugs under the laws of the state
 1520  from which the product is distributed. If the state from which
 1521  the prescription drugs are distributed does not require a
 1522  license to engage in the wholesale distribution of prescription
 1523  drugs, the distributor must be licensed as a wholesale
 1524  distributor as required by the federal act.
 1525         2. Any distributor claiming exemption from permitting
 1526  requirements pursuant to this paragraph and the prescription
 1527  drug manufacturer purchasing and receiving the active
 1528  pharmaceutical ingredient shall comply with the recordkeeping
 1529  requirements of s. 499.0121(6), but not the requirements of s.
 1530  499.01212.
 1531         (b) A permit issued under this part is not required to
 1532  distribute limited quantities of a prescription drug that has
 1533  not been repackaged from an establishment located in the United
 1534  States to an establishment located in this state permitted as a
 1535  prescription drug manufacturer under this part for research and
 1536  development or to a holder of a letter of exemption issued by
 1537  the department under s. 499.03(4) for research, teaching, or
 1538  testing. The department shall define “limited quantities” by
 1539  rule and may include the allowable number of transactions within
 1540  a given period of time and the amounts of prescription drugs
 1541  distributed into the state for purposes of this exemption.
 1542         1. Any distributor claiming exemption from permitting
 1543  requirements pursuant to this paragraph shall maintain a
 1544  license, permit, or registration to engage in the wholesale
 1545  distribution of prescription drugs under the laws of the state
 1546  from which the product is distributed. If the state from which
 1547  the prescription drugs are distributed does not require a
 1548  license to engage in the wholesale distribution of prescription
 1549  drugs, the distributor must be licensed as a wholesale
 1550  distributor as required by the federal act.
 1551         2. All purchasers and recipients of any prescription drugs
 1552  distributed pursuant to this paragraph shall ensure that the
 1553  products are not resold or used, directly or indirectly, on
 1554  humans except in lawful clinical trials and biostudies
 1555  authorized and regulated by federal law.
 1556         3. Any distributor claiming exemption from permitting
 1557  requirements pursuant to this paragraph, and the purchaser and
 1558  recipient of the prescription drug, shall comply with the
 1559  recordkeeping requirements of s. 499.0121(6), but not the
 1560  requirements of s. 499.01212.
 1561         4. The immediate package or container of any active
 1562  pharmaceutical ingredient distributed into the state that is
 1563  intended for teaching, testing, research, and development shall
 1564  bear a label prominently displaying the statement: “Caution:
 1565  Research, Teaching, or Testing Only – Not for Manufacturing,
 1566  Compounding, or Resale.”
 1567         (c) An out-of-state prescription drug wholesale distributor
 1568  permit is not required for an intracompany sale or transfer of a
 1569  prescription drug from an out-of-state establishment that is
 1570  duly licensed as a prescription drug wholesale distributor in
 1571  its state of residence to a licensed prescription drug wholesale
 1572  distributor in this state, if both wholesale distributors
 1573  conduct wholesale distributions of prescription drugs under the
 1574  same business name. The recordkeeping requirements of s. ss.
 1575  499.0121(6) and 499.01212 must be followed for such
 1576  transactions.
 1577         (d) Persons receiving prescription drugs from a source
 1578  claimed to be exempt from permitting requirements under this
 1579  subsection shall maintain on file:
 1580         1. A record of the FDA establishment registration number,
 1581  if any;
 1582         2. The resident state or federal license, registration, or
 1583  permit that authorizes the source to distribute prescription
 1584  drugs drug wholesale distribution license, permit, or
 1585  registration number; and
 1586         3. A copy of the most recent resident state or FDA
 1587  inspection report, for all distributors and establishments from
 1588  whom they purchase or receive prescription drugs under this
 1589  subsection.
 1590         (e) All persons claiming exemption from permitting
 1591  requirements pursuant to this subsection who engage in the
 1592  distribution of prescription drugs within or into the state are
 1593  subject to this part, including ss. 499.005 and 499.0051, and
 1594  shall make available, within 48 hours, to the department on
 1595  request all records related to any prescription drugs
 1596  distributed under this subsection, including those records
 1597  described in s. 499.051(4), regardless of the location where the
 1598  records are stored.
 1599         (f) A person purchasing and receiving a prescription drug
 1600  from a person claimed to be exempt from licensing requirements
 1601  pursuant to this subsection shall report to the department in
 1602  writing within 14 days after receiving any product that is
 1603  misbranded or adulterated or that fails to meet minimum
 1604  standards set forth in the official compendium or state or
 1605  federal good manufacturing practices for identity, purity,
 1606  potency, or sterility, regardless of whether the product is
 1607  thereafter rehabilitated, quarantined, returned, or destroyed.
 1608         (g) The department may adopt rules to administer this
 1609  subsection which are necessary for the protection of the public
 1610  health, safety, and welfare. Failure to comply with the
 1611  requirements of this subsection, or rules adopted by the
 1612  department to administer this subsection, is a violation of s.
 1613  499.005(14), and a knowing failure is a violation of s.
 1614  499.0051(3) 499.0051(4).
 1615         (h) This subsection does not relieve any person from any
 1616  requirement prescribed by law with respect to controlled
 1617  substances as defined in the applicable federal and state laws.
 1618         (5) A prescription drug repackager permit issued under this
 1619  part is not required for a restricted prescription drug
 1620  distributor permitholder that is a health care entity to
 1621  repackage prescription drugs in this state for its own use or
 1622  for distribution to hospitals or other health care entities in
 1623  the state for their own use, pursuant to s. 499.003(48)(a)3.
 1624  499.003(53)(a)3., if:
 1625         (a) The prescription drug distributor notifies the
 1626  department, in writing, of its intention to engage in
 1627  repackaging under this exemption, 30 days before engaging in the
 1628  repackaging of prescription drugs at the permitted
 1629  establishment;
 1630         (b) The prescription drug distributor is under common
 1631  control with the hospitals or other health care entities to
 1632  which the prescription drug distributor is distributing
 1633  prescription drugs. As used in this paragraph, “common control”
 1634  means the power to direct or cause the direction of the
 1635  management and policies of a person or an organization, whether
 1636  by ownership of stock, voting rights, contract, or otherwise;
 1637         (c) The prescription drug distributor repackages the
 1638  prescription drugs in accordance with current state and federal
 1639  good manufacturing practices; and
 1640         (d) The prescription drug distributor labels the
 1641  prescription drug it repackages in accordance with state and
 1642  federal laws and rules.
 1643  
 1644  The prescription drug distributor is exempt from the product
 1645  registration requirements of s. 499.015 with regard to the
 1646  prescription drugs that it repackages and distributes under this
 1647  subsection. A prescription drug distributor that repackages and
 1648  distributes prescription drugs under this subsection to a not
 1649  for-profit rural hospital, as defined in s. 395.602, is not
 1650  required to comply with paragraph (c) or paragraph (d), but must
 1651  provide to each health care entity for which it repackages, for
 1652  each prescription drug that is repackaged and distributed, the
 1653  information required by department rule for labeling
 1654  prescription drugs. The department shall adopt rules to ensure
 1655  the safety and integrity of prescription drugs repackaged and
 1656  distributed under this subsection, including rules regarding
 1657  prescription drug manufacturing and labeling requirements.
 1658         Section 7. Section 499.012, Florida Statutes, is amended to
 1659  read:
 1660         499.012 Permit application requirements.—
 1661         (1)(a) A permit issued pursuant to this part may be issued
 1662  only to a natural person who is at least 18 years of age or to
 1663  an applicant that is not a natural person if each person who,
 1664  directly or indirectly, manages, controls, or oversees the
 1665  operation of that applicant is at least 18 years of age.
 1666         (b) An establishment that is a place of residence may not
 1667  receive a permit and may not operate under this part.
 1668         (c) A person that applies for or renews a permit to
 1669  manufacture or distribute prescription drugs may not use a name
 1670  identical to the name used by any other establishment or
 1671  licensed person authorized to purchase prescription drugs in
 1672  this state, except that a restricted drug distributor permit
 1673  issued to a health care entity will be issued in the name in
 1674  which the institutional pharmacy permit is issued and a retail
 1675  pharmacy drug wholesale distributor will be issued a permit in
 1676  the name of its retail pharmacy permit.
 1677         (d) A permit for a prescription drug manufacturer,
 1678  prescription drug repackager, prescription drug wholesale
 1679  distributor, limited prescription drug veterinary wholesale
 1680  distributor, or retail pharmacy drug wholesale distributor may
 1681  not be issued to the address of a health care entity or to a
 1682  pharmacy licensed under chapter 465, except as provided in this
 1683  paragraph. The department may issue a prescription drug
 1684  manufacturer permit to an applicant at the same address as a
 1685  licensed nuclear pharmacy, which is a health care entity, even
 1686  if the nuclear pharmacy holds a special sterile compounding
 1687  permit under chapter 465, for the purpose of manufacturing
 1688  prescription drugs used in positron emission tomography or other
 1689  radiopharmaceuticals, as listed in a rule adopted by the
 1690  department pursuant to this paragraph. The purpose of this
 1691  exemption is to assure availability of state-of-the-art
 1692  pharmaceuticals that would pose a significant danger to the
 1693  public health if manufactured at a separate establishment
 1694  address from the nuclear pharmacy from which the prescription
 1695  drugs are dispensed. The department may also issue a retail
 1696  pharmacy drug wholesale distributor permit to the address of a
 1697  community pharmacy licensed under chapter 465, even if the
 1698  community pharmacy holds a special sterile compounding permit
 1699  under chapter 465, as long as the community pharmacy which does
 1700  not meet the definition of a closed pharmacy in s. 499.003.
 1701         (e) A county or municipality may not issue an occupational
 1702  license for any licensing period beginning on or after October
 1703  1, 2003, for any establishment that requires a permit pursuant
 1704  to this part, unless the establishment exhibits a current permit
 1705  issued by the department for the establishment. Upon
 1706  presentation of the requisite permit issued by the department,
 1707  an occupational license may be issued by the municipality or
 1708  county in which application is made. The department shall
 1709  furnish to local agencies responsible for issuing occupational
 1710  licenses a current list of all establishments licensed pursuant
 1711  to this part.
 1712         (2) Notwithstanding subsection (6), a permitted person in
 1713  good standing may change the type of permit issued to that
 1714  person by completing a new application for the requested permit,
 1715  paying the amount of the difference in the permit fees if the
 1716  fee for the new permit is more than the fee for the original
 1717  permit, and meeting the applicable permitting conditions for the
 1718  new permit type. The new permit expires on the expiration date
 1719  of the original permit being changed; however, a new permit for
 1720  a prescription drug wholesale distributor, an out-of-state
 1721  prescription drug wholesale distributor, or a retail pharmacy
 1722  drug wholesale distributor shall expire on the expiration date
 1723  of the original permit or 1 year after the date of issuance of
 1724  the new permit, whichever is earlier. A refund may not be issued
 1725  if the fee for the new permit is less than the fee that was paid
 1726  for the original permit.
 1727         (3)(a) A written application for a permit or to renew a
 1728  permit must be filed with the department on forms furnished by
 1729  the department. The department shall establish, by rule, the
 1730  form and content of the application to obtain or renew a permit.
 1731  The applicant must submit to the department with the application
 1732  a statement that swears or affirms that the information is true
 1733  and correct.
 1734         (b)Upon a determination that 2 years have elapsed since
 1735  the department notified an applicant for permit, certification,
 1736  or product registration of a deficiency in the application and
 1737  that the applicant has failed to cure the deficiency, the
 1738  application shall expire. The determination regarding the 2-year
 1739  lapse of time shall be based on documentation that the
 1740  department notified the applicant of the deficiency in
 1741  accordance with s. 120.60.
 1742         (c)Information submitted by an applicant on an application
 1743  required pursuant to this subsection which is a trade secret, as
 1744  defined in s. 812.081, shall be maintained by the department as
 1745  trade secret information pursuant to s. 499.051(7).
 1746         (4)(a) Except for a permit for a prescription drug
 1747  wholesale distributor or an out-of-state prescription drug
 1748  wholesale distributor, an application for a permit must include:
 1749         1. The name, full business address, and telephone number of
 1750  the applicant;
 1751         2. All trade or business names used by the applicant;
 1752         3. The address, telephone numbers, and the names of contact
 1753  persons for each facility used by the applicant for the storage,
 1754  handling, and distribution of prescription drugs;
 1755         4. The type of ownership or operation, such as a
 1756  partnership, corporation, or sole proprietorship; and
 1757         5. The names of the owner and the operator of the
 1758  establishment, including:
 1759         a. If an individual, the name of the individual;
 1760         b. If a partnership, the name of each partner and the name
 1761  of the partnership;
 1762         c. If a corporation, the name and title of each corporate
 1763  officer and director, the corporate names, and the name of the
 1764  state of incorporation;
 1765         d. If a sole proprietorship, the full name of the sole
 1766  proprietor and the name of the business entity;
 1767         e. If a limited liability company, the name of each member,
 1768  the name of each manager, the name of the limited liability
 1769  company, and the name of the state in which the limited
 1770  liability company was organized; and
 1771         f. Any other relevant information that the department
 1772  requires.
 1773         (b) Upon approval of the application by the department and
 1774  payment of the required fee, the department shall issue a permit
 1775  to the applicant, if the applicant meets the requirements of
 1776  this part and rules adopted under this part.
 1777         (c) Any change in information required under paragraph (a)
 1778  must be submitted to the department before the change occurs.
 1779         (d) The department shall consider, at a minimum, the
 1780  following factors in reviewing the qualifications of persons to
 1781  be permitted under this part:
 1782         1. The applicant’s having been found guilty, regardless of
 1783  adjudication, in a court of this state or other jurisdiction, of
 1784  a violation of a law that directly relates to a drug, device, or
 1785  cosmetic. A plea of nolo contendere constitutes a finding of
 1786  guilt for purposes of this subparagraph.
 1787         2. The applicant’s having been disciplined by a regulatory
 1788  agency in any state for any offense that would constitute a
 1789  violation of this part.
 1790         3. Any felony conviction of the applicant under a federal,
 1791  state, or local law;
 1792         4. The applicant’s past experience in manufacturing or
 1793  distributing drugs, devices, or cosmetics;
 1794         5. The furnishing by the applicant of false or fraudulent
 1795  material in any application made in connection with
 1796  manufacturing or distributing drugs, devices, or cosmetics;
 1797         6. Suspension or revocation by a federal, state, or local
 1798  government of any permit currently or previously held by the
 1799  applicant for the manufacture or distribution of any drugs,
 1800  devices, or cosmetics;
 1801         7. Compliance with permitting requirements under any
 1802  previously granted permits;
 1803         8. Compliance with requirements to maintain or make
 1804  available to the state permitting authority or to federal,
 1805  state, or local law enforcement officials those records required
 1806  under this section; and
 1807         9. Any other factors or qualifications the department
 1808  considers relevant to and consistent with the public health and
 1809  safety.
 1810         (5) Except for a permit for a prescription drug wholesale
 1811  distributor or an out-of-state prescription drug wholesale
 1812  distributor:
 1813         (a) The department shall adopt rules for the biennial
 1814  renewal of permits; however, the department may issue up to a 4
 1815  year permit to selected permittees notwithstanding any other
 1816  provision of law. Fees for such renewal may not exceed the fee
 1817  caps set forth in s. 499.041 on an annualized basis as
 1818  authorized by law.
 1819         (b) The department shall renew a permit upon receipt of the
 1820  renewal application and renewal fee if the applicant meets the
 1821  requirements established under this part and the rules adopted
 1822  under this part.
 1823         (c) At least 90 days before the expiration date of a
 1824  permit, the department shall forward a permit renewal
 1825  notification to the permittee at the mailing address of the
 1826  permitted establishment on file with the department. The permit
 1827  renewal notification must state conspicuously the date on which
 1828  the permit for the establishment will expire and that the
 1829  establishment may not operate unless the permit for the
 1830  establishment is renewed timely. A permit, unless sooner
 1831  suspended or revoked, automatically expires 2 years after the
 1832  last day of the anniversary month in which the permit was
 1833  originally issued.
 1834         (d) A permit issued under this part may be renewed by
 1835  making application for renewal on forms furnished by the
 1836  department and paying the appropriate fees.
 1837         1.If a prescription drug wholesale distributor or an out
 1838  of-state prescription drug wholesale distributor renewal
 1839  application and fee are submitted and postmarked later than 45
 1840  days before the expiration date of the permit, the permit may be
 1841  renewed only upon payment of a late renewal fee of $100, plus
 1842  the required renewal fee.
 1843         2. If any other a renewal application and fee are submitted
 1844  and postmarked after the expiration date of the permit, the
 1845  permit may be renewed only upon payment of a late renewal
 1846  delinquent fee of $100, plus the required renewal fee, not later
 1847  than 60 days after the expiration date.
 1848         3.A permittee who submits a renewal application in
 1849  accordance with this paragraph may continue to operate under its
 1850  permit, unless the permit is suspended or revoked, until final
 1851  disposition of the renewal application.
 1852         4.(d) Failure to renew a permit in accordance with this
 1853  section precludes any future renewal of that permit. If a permit
 1854  issued pursuant to this part has expired and cannot be renewed,
 1855  before an establishment may engage in activities that require a
 1856  permit under this part, the establishment must submit an
 1857  application for a new permit, pay the applicable application
 1858  fee, the initial permit fee, and all applicable penalties, and
 1859  be issued a new permit by the department.
 1860         (6) A permit issued by the department is nontransferable.
 1861  Each permit is valid only for the person or governmental unit to
 1862  which it is issued and is not subject to sale, assignment, or
 1863  other transfer, voluntarily or involuntarily; nor is a permit
 1864  valid for any establishment other than the establishment for
 1865  which it was originally issued.
 1866         (a) A person permitted under this part must notify the
 1867  department before making a change of address. The department
 1868  shall set a change of location fee not to exceed $100.
 1869         (b)1. An application for a new permit is required when a
 1870  majority of the ownership or controlling interest of a permitted
 1871  establishment is transferred or assigned or when a lessee agrees
 1872  to undertake or provide services to the extent that legal
 1873  liability for operation of the establishment will rest with the
 1874  lessee. The application for the new permit must be made before
 1875  the date of the sale, transfer, assignment, or lease.
 1876         2. A permittee that is authorized to distribute
 1877  prescription drugs may transfer such drugs to the new owner or
 1878  lessee under subparagraph 1. only after the new owner or lessee
 1879  has been approved for a permit to distribute prescription drugs.
 1880         (c) If an establishment permitted under this part closes,
 1881  the owner must notify the department in writing before the
 1882  effective date of closure and must:
 1883         1. Return the permit to the department;
 1884         2. If the permittee is authorized to distribute
 1885  prescription drugs, indicate the disposition of such drugs,
 1886  including the name, address, and inventory, and provide the name
 1887  and address of a person to contact regarding access to records
 1888  that are required to be maintained under this part. Transfer of
 1889  ownership of prescription drugs may be made only to persons
 1890  authorized to possess prescription drugs under this part.
 1891  
 1892  The department may revoke the permit of any person that fails to
 1893  comply with the requirements of this subsection.
 1894         (7) A permit must be posted in a conspicuous place on the
 1895  licensed premises.
 1896         (8) An application for a permit or to renew a permit for a
 1897  prescription drug wholesale distributor or an out-of-state
 1898  prescription drug wholesale distributor submitted to the
 1899  department must include:
 1900         (a) The name, full business address, and telephone number
 1901  of the applicant.
 1902         (b) All trade or business names used by the applicant.
 1903         (c) The address, telephone numbers, and the names of
 1904  contact persons for each facility used by the applicant for the
 1905  storage, handling, and distribution of prescription drugs.
 1906         (d) The type of ownership or operation, such as a
 1907  partnership, corporation, or sole proprietorship.
 1908         (e) The names of the owner and the operator of the
 1909  establishment, including:
 1910         1. If an individual, the name of the individual.
 1911         2. If a partnership, the name of each partner and the name
 1912  of the partnership.
 1913         3. If a corporation:
 1914         a. The name, address, and title of each corporate officer
 1915  and director.
 1916         b. The name and address of the corporation, resident agent
 1917  of the corporation, the resident agent’s address, and the
 1918  corporation’s state of incorporation.
 1919         c. The name and address of each shareholder of the
 1920  corporation that owns 5 percent or more of the outstanding stock
 1921  of the corporation.
 1922         4. If a sole proprietorship, the full name of the sole
 1923  proprietor and the name of the business entity.
 1924         5. If a limited liability company:
 1925         a. The name and address of each member.
 1926         b. The name and address of each manager.
 1927         c. The name and address of the limited liability company,
 1928  the resident agent of the limited liability company, and the
 1929  name of the state in which the limited liability company was
 1930  organized.
 1931         (f) If applicable, the name and address of each affiliate
 1932  of member of the affiliated group of which the applicant is a
 1933  member.
 1934         (g)1.The applicant’s gross annual receipts attributable to
 1935  prescription drug wholesale distribution activities for the
 1936  previous tax year. For an application for a new permit, the
 1937  estimated annual dollar volume of prescription drug sales of the
 1938  applicant, the estimated annual percentage of the applicant’s
 1939  total company sales that are prescription drugs, the applicant’s
 1940  estimated annual total dollar volume of purchases of
 1941  prescription drugs, and the applicant’s estimated annual total
 1942  dollar volume of prescription drug purchases directly from
 1943  manufacturers.
 1944         2.For an application to renew a permit, the total dollar
 1945  volume of prescription drug sales in the previous year, the
 1946  total dollar volume of prescription drug sales made in the
 1947  previous 6 months, the percentage of total company sales that
 1948  were prescription drugs in the previous year, the total dollar
 1949  volume of purchases of prescription drugs in the previous year,
 1950  and the total dollar volume of prescription drug purchases
 1951  directly from manufacturers in the previous year.
 1952  
 1953  Such portions of the information required pursuant to this
 1954  paragraph which are a trade secret, as defined in s. 812.081,
 1955  shall be maintained by the department as trade secret
 1956  information is required to be maintained under s. 499.051.
 1957         (h) The tax year of the applicant.
 1958         (i) A copy of the deed for the property on which
 1959  applicant’s establishment is located, if the establishment is
 1960  owned by the applicant, or a copy of the applicant’s lease for
 1961  the property on which applicant’s establishment is located that
 1962  has an original term of not less than 1 calendar year, if the
 1963  establishment is not owned by the applicant.
 1964         (j) A list of all licenses and permits issued to the
 1965  applicant by any other state which authorize the applicant to
 1966  purchase or possess prescription drugs.
 1967         (k) The name of the manager of the establishment that is
 1968  applying for the permit or to renew the permit, the next four
 1969  highest ranking employees responsible for prescription drug
 1970  wholesale operations for the establishment, and the name of all
 1971  affiliated parties for the establishment, together with the
 1972  personal information statement and fingerprints required
 1973  pursuant to subsection (9) for each of such persons.
 1974         (l) The name of each of the applicant’s designated
 1975  representatives as required by subsection (15) (16), together
 1976  with the personal information statement and fingerprints
 1977  required pursuant to subsection (9) for each such person.
 1978         (m) Evidence of a surety bond in this state or any other
 1979  state in the United States in the amount of $100,000. If the
 1980  annual gross receipts of the applicant’s previous tax year is
 1981  $10 million or less, evidence of a surety bond in the amount of
 1982  $25,000. The specific language of the surety bond must include
 1983  the State of Florida as a beneficiary, payable to the
 1984  Professional Regulation Trust Fund. In lieu of the surety bond,
 1985  the applicant may provide other equivalent security such as an
 1986  irrevocable letter of credit, or a deposit in a trust account or
 1987  financial institution, which includes the State of Florida as a
 1988  beneficiary, payable to the Professional Regulation Trust Fund.
 1989  The purpose of the bond or other security is to secure payment
 1990  of any administrative penalties imposed by the department and
 1991  any fees and costs incurred by the department regarding that
 1992  permit which are authorized under state law and which the
 1993  permittee fails to pay 30 days after the fine or costs become
 1994  final. The department may make a claim against such bond or
 1995  security until 1 year after the permittee’s license ceases to be
 1996  valid or until 60 days after any administrative or legal
 1997  proceeding authorized in this part which involves the permittee
 1998  is concluded, including any appeal, whichever occurs later. For
 1999  an applicant that is a secondary wholesale distributor, each of
 2000  the following:
 2001         1.A personal background information statement containing
 2002  the background information and fingerprints required pursuant to
 2003  subsection (9) for each person named in the applicant’s response
 2004  to paragraphs (k) and (l) and for each affiliated party of the
 2005  applicant.
 2006         2.If any of the five largest shareholders of the
 2007  corporation seeking the permit is a corporation, the name,
 2008  address, and title of each corporate officer and director of
 2009  each such corporation; the name and address of such corporation;
 2010  the name of such corporation’s resident agent, such
 2011  corporation’s resident agent’s address, and such corporation’s
 2012  state of its incorporation; and the name and address of each
 2013  shareholder of such corporation that owns 5 percent or more of
 2014  the stock of such corporation.
 2015         3.The name and address of all financial institutions in
 2016  which the applicant has an account which is used to pay for the
 2017  operation of the establishment or to pay for drugs purchased for
 2018  the establishment, together with the names of all persons that
 2019  are authorized signatories on such accounts. The portions of the
 2020  information required pursuant to this subparagraph which are a
 2021  trade secret, as defined in s. 812.081, shall be maintained by
 2022  the department as trade secret information is required to be
 2023  maintained under s. 499.051.
 2024         4.The sources of all funds and the amounts of such funds
 2025  used to purchase or finance purchases of prescription drugs or
 2026  to finance the premises on which the establishment is to be
 2027  located.
 2028         5.If any of the funds identified in subparagraph 4. were
 2029  borrowed, copies of all promissory notes or loans used to obtain
 2030  such funds.
 2031         (n)For establishments used in wholesale distribution,
 2032  proof of an inspection conducted by the department, the United
 2033  States Food and Drug Administration, or another governmental
 2034  entity charged with the regulation of good manufacturing
 2035  practices related to wholesale distribution of prescription
 2036  drugs, within timeframes set forth by the department in
 2037  departmental rules, which demonstrates substantial compliance
 2038  with current good manufacturing practices applicable to
 2039  wholesale distribution of prescription drugs. The department may
 2040  recognize another state’s inspection of a wholesale distributor
 2041  located in that state if such state’s laws are deemed to be
 2042  substantially equivalent to the law of this state by the
 2043  department. The department may accept an inspection by a third
 2044  party accreditation or inspection service which meets the
 2045  criteria set forth in department rule.
 2046         (o)(n) Any other relevant information that the department
 2047  requires, including, but not limited to, any information related
 2048  to whether the applicant satisfies the definition of a primary
 2049  wholesale distributor or a secondary wholesale distributor.
 2050         (p)(o) Documentation of the credentialing policies and
 2051  procedures required by s. 499.0121(15).
 2052         (9)(a) Each person required by subsection (8) or subsection
 2053  (15) to provide a personal information statement and
 2054  fingerprints shall provide the following information to the
 2055  department on forms prescribed by the department:
 2056         1. The person’s places of residence for the past 7 years.
 2057         2. The person’s date and place of birth.
 2058         3. The person’s occupations, positions of employment, and
 2059  offices held during the past 7 years.
 2060         4. The principal business and address of any business,
 2061  corporation, or other organization in which each such office of
 2062  the person was held or in which each such occupation or position
 2063  of employment was carried on.
 2064         5. Whether the person has been, during the past 7 years,
 2065  the subject of any proceeding for the revocation of any license
 2066  and, if so, the nature of the proceeding and the disposition of
 2067  the proceeding.
 2068         6. Whether, during the past 7 years, the person has been
 2069  enjoined, temporarily or permanently, by a court of competent
 2070  jurisdiction from violating any federal or state law regulating
 2071  the possession, control, or distribution of prescription drugs,
 2072  together with details concerning any such event.
 2073         7. A description of any involvement by the person with any
 2074  business, including any investments, other than the ownership of
 2075  stock in a publicly traded company or mutual fund, during the
 2076  past 4 7 years, which manufactured, administered, prescribed,
 2077  distributed, or stored pharmaceutical products and any lawsuits
 2078  in which such businesses were named as a party.
 2079         8. A description of any felony criminal offense of which
 2080  the person, as an adult, was found guilty, regardless of whether
 2081  adjudication of guilt was withheld or whether the person pled
 2082  guilty or nolo contendere. A criminal offense committed in
 2083  another jurisdiction which would have been a felony in this
 2084  state must be reported. If the person indicates that a criminal
 2085  conviction is under appeal and submits a copy of the notice of
 2086  appeal of that criminal offense, the applicant must, within 15
 2087  days after the disposition of the appeal, submit to the
 2088  department a copy of the final written order of disposition.
 2089         9. A photograph of the person taken in the previous 180 30
 2090  days.
 2091         10. A set of fingerprints for the person on a form and
 2092  under procedures specified by the department, together with
 2093  payment of an amount equal to the costs incurred by the
 2094  department for the criminal record check of the person.
 2095         11. The name, address, occupation, and date and place of
 2096  birth for each member of the person’s immediate family who is 18
 2097  years of age or older. As used in this subparagraph, the term
 2098  “member of the person’s immediate family” includes the person’s
 2099  spouse, children, parents, siblings, the spouses of the person’s
 2100  children, and the spouses of the person’s siblings.
 2101         12. Any other relevant information that the department
 2102  requires.
 2103         (b) The information required pursuant to paragraph (a)
 2104  shall be provided under oath.
 2105         (c) The department shall submit the fingerprints provided
 2106  by a person for initial licensure to the Department of Law
 2107  Enforcement for a statewide criminal record check and for
 2108  forwarding to the Federal Bureau of Investigation for a national
 2109  criminal record check of the person. The department shall submit
 2110  the fingerprints provided by a person as a part of a renewal
 2111  application to the Department of Law Enforcement for a statewide
 2112  criminal record check, and for forwarding to the Federal Bureau
 2113  of Investigation for a national criminal record check, for the
 2114  initial renewal of a permit after January 1, 2004; for any
 2115  subsequent renewal of a permit, the department shall submit the
 2116  required information for a statewide and national criminal
 2117  record check of the person. Any person who as a part of an
 2118  initial permit application or initial permit renewal after
 2119  January 1, 2004, submits to the department a set of fingerprints
 2120  required for the criminal record check required in this
 2121  paragraph are shall not be required to provide a subsequent set
 2122  of fingerprints for a criminal record check to the department,
 2123  if the person has undergone a criminal record check as a
 2124  condition of the issuance of an initial permit or the initial
 2125  renewal of a permit of an applicant after January 1, 2004. The
 2126  department is authorized to contract with private vendors, or
 2127  enter into interagency agreements, to collect electronic
 2128  fingerprints where fingerprints are required for registration,
 2129  certification, or the licensure process or where criminal
 2130  history record checks are required.
 2131         (d)For purposes of applying for renewal of a permit under
 2132  subsection (8) or certification under subsection (16), a person
 2133  may submit the following in lieu of satisfying the requirements
 2134  of paragraphs (a), (b), and (c):
 2135         1.A photograph of the individual taken within 180 days;
 2136  and
 2137         2.A copy of the personal information statement form most
 2138  recently submitted to the department and a certification under
 2139  oath, on a form specified by the department, that the individual
 2140  has reviewed the previously submitted personal information
 2141  statement form and that the information contained therein
 2142  remains unchanged.
 2143         (10) The department may deny an application for a permit or
 2144  refuse to renew a permit for a prescription drug wholesale
 2145  distributor or an out-of-state prescription drug wholesale
 2146  distributor if:
 2147         (a) The applicant has not met the requirements for the
 2148  permit.
 2149         (b) The management, officers, or directors of the applicant
 2150  or any affiliated party are found by the department to be
 2151  incompetent or untrustworthy.
 2152         (c) The applicant is so lacking in experience in managing a
 2153  wholesale distributor as to make the issuance of the proposed
 2154  permit hazardous to the public health.
 2155         (d) The applicant is so lacking in experience in managing a
 2156  wholesale distributor as to jeopardize the reasonable promise of
 2157  successful operation of the wholesale distributor.
 2158         (e) The applicant is lacking in experience in the
 2159  distribution of prescription drugs.
 2160         (f) The applicant’s past experience in manufacturing or
 2161  distributing prescription drugs indicates that the applicant
 2162  poses a public health risk.
 2163         (g) The applicant is affiliated directly or indirectly
 2164  through ownership, control, or other business relations, with
 2165  any person or persons whose business operations are or have been
 2166  detrimental to the public health.
 2167         (h) The applicant, or any affiliated party, has been found
 2168  guilty of or has pleaded guilty or nolo contendere to any felony
 2169  or crime punishable by imprisonment for 1 year or more under the
 2170  laws of the United States, any state, or any other country,
 2171  regardless of whether adjudication of guilt was withheld.
 2172         (i) The applicant or any affiliated party has been charged
 2173  with a felony in a state or federal court and the disposition of
 2174  that charge is pending during the application review or renewal
 2175  review period.
 2176         (j) The applicant has furnished false or fraudulent
 2177  information or material in any application made in this state or
 2178  any other state in connection with obtaining a permit or license
 2179  to manufacture or distribute drugs, devices, or cosmetics.
 2180         (k) That a federal, state, or local government permit
 2181  currently or previously held by the applicant, or any affiliated
 2182  party, for the manufacture or distribution of any drugs,
 2183  devices, or cosmetics has been disciplined, suspended, or
 2184  revoked and has not been reinstated.
 2185         (l) The applicant does not possess the financial or
 2186  physical resources to operate in compliance with the permit
 2187  being sought, this chapter, and the rules adopted under this
 2188  chapter.
 2189         (m) The applicant or any affiliated party receives,
 2190  directly or indirectly, financial support and assistance from a
 2191  person who was an affiliated party of a permittee whose permit
 2192  was subject to discipline or was suspended or revoked, other
 2193  than through the ownership of stock in a publicly traded company
 2194  or a mutual fund.
 2195         (n) The applicant or any affiliated party receives,
 2196  directly or indirectly, financial support and assistance from a
 2197  person who has been found guilty of any violation of this part
 2198  or chapter 465, chapter 501, or chapter 893, any rules adopted
 2199  under this part or those chapters, any federal or state drug
 2200  law, or any felony where the underlying facts related to drugs,
 2201  regardless of whether the person has been pardoned, had her or
 2202  his civil rights restored, or had adjudication withheld, other
 2203  than through the ownership of stock in a publicly traded company
 2204  or a mutual fund.
 2205         (o) The applicant for renewal of a permit under s.
 2206  499.01(2)(e) or (f) 499.01(2)(d) or (e) has not actively engaged
 2207  in the wholesale distribution of prescription drugs, as
 2208  demonstrated by the regular and systematic distribution of
 2209  prescription drugs throughout the year as evidenced by not fewer
 2210  than 12 wholesale distributions in the previous year and not
 2211  fewer than three wholesale distributions in the previous 6
 2212  months.
 2213         (p) Information obtained in response to s. 499.01(2)(e) or
 2214  (f) 499.01(2)(d) or (e) demonstrates it would not be in the best
 2215  interest of the public health, safety, and welfare to issue a
 2216  permit.
 2217         (q) The applicant does not possess the financial standing
 2218  and business experience for the successful operation of the
 2219  applicant.
 2220         (r) The applicant or any affiliated party has failed to
 2221  comply with the requirements for manufacturing or distributing
 2222  prescription drugs under this part, similar federal laws,
 2223  similar laws in other states, or the rules adopted under such
 2224  laws.
 2225         (11) Upon approval of the application by the department and
 2226  payment of the required fee, the department shall issue or renew
 2227  a prescription drug wholesale distributor or an out-of-state
 2228  prescription drug wholesale distributor permit to the applicant.
 2229         (12)For a permit for a prescription drug wholesale
 2230  distributor or an out-of-state prescription drug wholesale
 2231  distributor:
 2232         (a)The department shall adopt rules for the annual renewal
 2233  of permits. At least 90 days before the expiration of a permit,
 2234  the department shall forward a permit renewal notification and
 2235  renewal application to the prescription drug wholesale
 2236  distributor or out-of-state prescription drug wholesale
 2237  distributor at the mailing address of the permitted
 2238  establishment on file with the department. The permit renewal
 2239  notification must state conspicuously the date on which the
 2240  permit for the establishment will expire and that the
 2241  establishment may not operate unless the permit for the
 2242  establishment is renewed timely.
 2243         (b)A permit, unless sooner suspended or revoked,
 2244  automatically expires 1 year after the last day of the
 2245  anniversary month in which the permit was originally issued. A
 2246  permit may be renewed by making application for renewal on forms
 2247  furnished by the department and paying the appropriate fees. If
 2248  a renewal application and fee are submitted and postmarked after
 2249  45 days prior to the expiration date of the permit, the permit
 2250  may be renewed only upon payment of a late renewal fee of $100,
 2251  plus the required renewal fee. A permittee that has submitted a
 2252  renewal application in accordance with this paragraph may
 2253  continue to operate under its permit, unless the permit is
 2254  suspended or revoked, until final disposition of the renewal
 2255  application.
 2256         (c)Failure to renew a permit in accordance with this
 2257  section precludes any future renewal of that permit. If a permit
 2258  issued pursuant to this section has expired and cannot be
 2259  renewed, before an establishment may engage in activities that
 2260  require a permit under this part, the establishment must submit
 2261  an application for a new permit; pay the applicable application
 2262  fee, initial permit fee, and all applicable penalties; and be
 2263  issued a new permit by the department.
 2264         (12)(13) A person that engages in wholesale distribution of
 2265  prescription drugs in this state must have a wholesale
 2266  distributor’s permit issued by the department, except as noted
 2267  in this section. Each establishment must be separately permitted
 2268  except as noted in this subsection.
 2269         (a) A separate establishment permit is not required when a
 2270  permitted prescription drug wholesale distributor consigns a
 2271  prescription drug to a pharmacy that is permitted under chapter
 2272  465 and located in this state, provided that:
 2273         1. The consignor wholesale distributor notifies the
 2274  department in writing of the contract to consign prescription
 2275  drugs to a pharmacy along with the identity and location of each
 2276  consignee pharmacy;
 2277         2. The pharmacy maintains its permit under chapter 465;
 2278         3. The consignor wholesale distributor, which has no legal
 2279  authority to dispense prescription drugs, complies with all
 2280  wholesale distribution requirements of s. ss. 499.0121 and
 2281  499.01212 with respect to the consigned drugs and maintains
 2282  records documenting the transfer of title or other completion of
 2283  the wholesale distribution of the consigned prescription drugs;
 2284         4. The distribution of the prescription drug is otherwise
 2285  lawful under this chapter and other applicable law;
 2286         5. Open packages containing prescription drugs within a
 2287  pharmacy are the responsibility of the pharmacy, regardless of
 2288  how the drugs are titled; and
 2289         6. The pharmacy dispenses the consigned prescription drug
 2290  in accordance with the limitations of its permit under chapter
 2291  465 or returns the consigned prescription drug to the consignor
 2292  wholesale distributor. In addition, a person who holds title to
 2293  prescription drugs may transfer the drugs to a person permitted
 2294  or licensed to handle the reverse distribution or destruction of
 2295  drugs. Any other distribution by and means of the consigned
 2296  prescription drug by any person, not limited to the consignor
 2297  wholesale distributor or consignee pharmacy, to any other person
 2298  is prohibited.
 2299         (b) A wholesale distributor’s permit is not required for
 2300  the one-time transfer of title of a pharmacy’s lawfully acquired
 2301  prescription drug inventory by a pharmacy with a valid permit
 2302  issued under chapter 465 to a consignor prescription drug
 2303  wholesale distributor, permitted under this chapter, in
 2304  accordance with a written consignment agreement between the
 2305  pharmacy and that wholesale distributor if the permitted
 2306  pharmacy and the permitted prescription drug wholesale
 2307  distributor comply with all of the provisions of paragraph (a)
 2308  and the prescription drugs continue to be within the permitted
 2309  pharmacy’s inventory for dispensing in accordance with the
 2310  limitations of the pharmacy permit under chapter 465. A
 2311  consignor drug wholesale distributor may not use the pharmacy as
 2312  a wholesale distributor through which it distributes the
 2313  prescription drugs to other pharmacies. Nothing in this section
 2314  is intended to prevent a wholesale distributor from obtaining
 2315  this inventory in the event of nonpayment by the pharmacy.
 2316         (c) A separate establishment permit is not required when a
 2317  permitted prescription drug wholesale distributor operates
 2318  temporary transit storage facilities for the sole purpose of
 2319  storage, for up to 16 hours, of a delivery of prescription drugs
 2320  when the wholesale distributor was temporarily unable to
 2321  complete the delivery to the recipient.
 2322         (d) The department shall require information from each
 2323  wholesale distributor as part of the permit and renewal of such
 2324  permit, as required under this section.
 2325         (13)(14) Personnel employed in wholesale distribution must
 2326  have appropriate education and experience to enable them to
 2327  perform their duties in compliance with state permitting
 2328  requirements.
 2329         (14)(15) The name of a permittee or establishment on a
 2330  prescription drug wholesale distributor permit or an out-of
 2331  state prescription drug wholesale distributor permit may not
 2332  include any indicia of attainment of any educational degree, any
 2333  indicia that the permittee or establishment possesses a
 2334  professional license, or any name or abbreviation that the
 2335  department determines is likely to cause confusion or mistake or
 2336  that the department determines is deceptive, including that of
 2337  any other entity authorized to purchase prescription drugs.
 2338         (15)(16)(a) Each establishment that is issued an initial or
 2339  renewal permit as a prescription drug wholesale distributor or
 2340  an out-of-state prescription drug wholesale distributor must
 2341  designate in writing to the department at least one natural
 2342  person to serve as the designated representative of the
 2343  wholesale distributor. Such person must have an active
 2344  certification as a designated representative from the
 2345  department.
 2346         (b) To be certified as a designated representative, a
 2347  natural person must:
 2348         1. Submit an application on a form furnished by the
 2349  department and pay the appropriate fees.
 2350         2. Be at least 18 years of age.
 2351         3. Have at least 2 years of verifiable full-time:
 2352         a. Work experience in a pharmacy licensed in this state or
 2353  another state, where the person’s responsibilities included, but
 2354  were not limited to, recordkeeping for prescription drugs;
 2355         b. Managerial experience with a prescription drug wholesale
 2356  distributor licensed in this state or in another state; or
 2357         c. Managerial experience with the United States Armed
 2358  Forces, where the person’s responsibilities included, but were
 2359  not limited to, recordkeeping, warehousing, distributing, or
 2360  other logistics services pertaining to prescription drugs.
 2361         4. Receive a passing score of at least 75 percent on an
 2362  examination given by the department regarding federal laws
 2363  governing distribution of prescription drugs and this part and
 2364  the rules adopted by the department governing the wholesale
 2365  distribution of prescription drugs. This requirement shall be
 2366  effective 1 year after the results of the initial examination
 2367  are mailed to the persons that took the examination. The
 2368  department shall offer such examinations at least four times
 2369  each calendar year.
 2370         5. Provide the department with a personal information
 2371  statement and fingerprints pursuant to subsection (9).
 2372         (c) The department may deny an application for
 2373  certification as a designated representative or may suspend or
 2374  revoke a certification of a designated representative pursuant
 2375  to s. 499.067.
 2376         (d) A designated representative:
 2377         1. Must be actively involved in and aware of the actual
 2378  daily operation of the wholesale distributor.
 2379         2. Must be employed full time in a managerial position by
 2380  the wholesale distributor.
 2381         3. Must be physically present at the establishment during
 2382  normal business hours, except for time periods when absent due
 2383  to illness, family illness or death, scheduled vacation, or
 2384  other authorized absence.
 2385         4. May serve as a designated representative for only one
 2386  wholesale distributor at any one time.
 2387         (e) A wholesale distributor must notify the department when
 2388  a designated representative leaves the employ of the wholesale
 2389  distributor. Such notice must be provided to the department
 2390  within 10 business days after the last day of designated
 2391  representative’s employment with the wholesale distributor.
 2392         (f) A wholesale distributor may not operate under a
 2393  prescription drug wholesale distributor permit or an out-of
 2394  state prescription drug wholesale distributor permit for more
 2395  than 10 business days after the designated representative leaves
 2396  the employ of the wholesale distributor, unless the wholesale
 2397  distributor employs another designated representative and
 2398  notifies the department within 10 business days of the identity
 2399  of the new designated representative.
 2400         Section 8. Section 499.01201, Florida Statutes, is amended
 2401  to read:
 2402         499.01201 Agency for Health Care Administration review and
 2403  use of statute and rule violation or compliance data.
 2404  Notwithstanding any other provision provisions of law to the
 2405  contrary, the Agency for Health Care Administration may not:
 2406         (1) Review or use any violation or alleged violation of s.
 2407  499.0121(6) or s. 499.01212, or any rules adopted under that
 2408  section those sections, as a ground for denying or withholding
 2409  any payment of a Medicaid reimbursement to a pharmacy licensed
 2410  under chapter 465; or
 2411         (2) Review or use compliance with s. 499.0121(6) or s.
 2412  499.01212, or any rules adopted under that section those
 2413  sections, as the subject of any audit of Medicaid-related
 2414  records held by a pharmacy licensed under chapter 465.
 2415         Section 9. Paragraph (d) of subsection (4), subsection (6),
 2416  and paragraph (b) of subsection (15) of section 499.0121,
 2417  Florida Statutes, are amended to read:
 2418         499.0121 Storage and handling of prescription drugs;
 2419  recordkeeping.—The department shall adopt rules to implement
 2420  this section as necessary to protect the public health, safety,
 2421  and welfare. Such rules shall include, but not be limited to,
 2422  requirements for the storage and handling of prescription drugs
 2423  and for the establishment and maintenance of prescription drug
 2424  distribution records.
 2425         (4) EXAMINATION OF MATERIALS AND RECORDS.—
 2426         (d) Upon receipt, a wholesale distributor must review
 2427  records required under this section for the acquisition of
 2428  prescription drugs for accuracy and completeness, considering
 2429  the total facts and circumstances surrounding the transactions
 2430  and the wholesale distributors involved. This includes
 2431  authenticating each transaction listed on a pedigree paper, as
 2432  defined in s. 499.003(37).
 2433         (6) RECORDKEEPING.—The department shall adopt rules that
 2434  require keeping such records of prescription drugs, including
 2435  active pharmaceutical ingredients, as are necessary for the
 2436  protection of the public health.
 2437         (a) The following persons must maintain business records
 2438  that include the information specified in paragraph (b)
 2439  Wholesale distributors must establish and maintain inventories
 2440  and records of all transactions regarding the receipt and
 2441  distribution or other disposition of prescription drugs. These
 2442  records must provide a complete audit trail from receipt to sale
 2443  or other disposition, be readily retrievable for inspection, and
 2444  include, at a minimum, the following information:
 2445         1. Persons permitted or required to be permitted under
 2446  chapter 499 to engage in the manufacture, repackaging, or
 2447  distribution of active pharmaceutical ingredients or
 2448  prescription drugs. The source of the drugs, including the name
 2449  and principal address of the seller or transferor, and the
 2450  address of the location from which the drugs were shipped;
 2451         2. Persons other than those set forth in subparagraph 1.
 2452  that engage in the receipt of active pharmaceutical ingredients
 2453  or prescription drugs. The name, principal address, and state
 2454  license permit or registration number of the person authorized
 2455  to purchase prescription drugs;
 2456         3. The name, strength, dosage form, and quantity of the
 2457  drugs received and distributed or disposed of;
 2458         4. The dates of receipt and distribution or other
 2459  disposition of the drugs; and
 2460         5. Any financial documentation supporting the transaction.
 2461         (b) Business records for persons specified in paragraph (a)
 2462  must include:
 2463         1.The name and address of the seller, and the Florida
 2464  permit number of the seller if such seller is not exempt from
 2465  Florida permitting requirements, of the active pharmaceutical
 2466  ingredient or prescription drug.
 2467         2.The address of the location the active pharmaceutical
 2468  ingredient or prescription drug was shipped from.
 2469         3.The distribution date of the active pharmaceutical
 2470  ingredient or prescription drug.
 2471         4.The name, strength, and quantity, and the National Drug
 2472  Code if such code has been assigned, of the distributed active
 2473  pharmaceutical ingredient or prescription drug.
 2474         5.The name and Florida permit number of the person that
 2475  purchased the active pharmaceutical ingredient or prescription
 2476  drug.
 2477         6.The financial data, including the unit type and unit
 2478  price, for the distributions involving active pharmaceutical
 2479  ingredients or prescription drugs.
 2480         7.The date and method of disposition of the active
 2481  pharmaceutical ingredient or prescription drug. Inventories and
 2482  records must be made available for inspection and photocopying
 2483  by authorized federal, state, or local officials for a period of
 2484  2 years following disposition of the drugs or 3 years after the
 2485  creation of the records, whichever period is longer.
 2486         (c) Each manufacturer or repackager of medical devices,
 2487  over-the-counter drugs, or cosmetics must maintain business
 2488  records that include:
 2489         1.The name and address of the seller or transferor of the
 2490  product.
 2491         2.The address of the location the product was shipped
 2492  from.
 2493         3.The date of the sale or distribution of the product.
 2494         4.The name and quantity of the product involved.
 2495         5.The name and address of the person who purchased the
 2496  product Records described in this section that are kept at the
 2497  inspection site or that can be immediately retrieved by computer
 2498  or other electronic means must be readily available for
 2499  authorized inspection during the retention period. Records that
 2500  are kept at a central location outside of this state and that
 2501  are not electronically retrievable must be made available for
 2502  inspection within 2 working days after a request by an
 2503  authorized official of a federal, state, or local law
 2504  enforcement agency. Records that are maintained at a central
 2505  location within this state must be maintained at an
 2506  establishment that is permitted pursuant to this part and must
 2507  be readily available.
 2508         (d) Persons permitted, or required to be permitted, under
 2509  this chapter to engage in the manufacture, repackaging, or
 2510  distribution of active pharmaceutical ingredients or
 2511  prescription drugs; or the manufacture or repackaging of medical
 2512  devices, over-the-counter drugs, and cosmetics; must establish,
 2513  maintain, or have the capability to create a current inventory
 2514  of the active pharmaceutical ingredients, prescription drugs,
 2515  over-the-counter drugs, cosmetics, and devices at an
 2516  establishment where activities specified in this paragraph are
 2517  undertaken and must be able to produce such inventory for
 2518  inspection by the department within 2 business days Each
 2519  manufacturer or repackager of medical devices, over-the-counter
 2520  drugs, or cosmetics must maintain records that include the name
 2521  and principal address of the seller or transferor of the
 2522  product, the address of the location from which the product was
 2523  shipped, the date of the transaction, the name and quantity of
 2524  the product involved, and the name and principal address of the
 2525  person who purchased the product.
 2526         (e) Business records required to be kept pursuant to this
 2527  section, and that are kept at the inspection site or can be
 2528  immediately retrieved by computer or other electronic means,
 2529  must be readily available for authorized inspection during the
 2530  retention period. Records kept at a central location outside of
 2531  this state which are not electronically retrievable must be made
 2532  available for inspection within 2 working days after a request
 2533  by an authorized official of a federal, state, or local law
 2534  enforcement agency. Records maintained at a central location
 2535  within this state must be maintained at an establishment that is
 2536  permitted pursuant to this part and such records must be readily
 2537  available for inspection When pedigree papers are required by
 2538  this part, a wholesale distributor must maintain the pedigree
 2539  papers separate and distinct from other records required under
 2540  this part.
 2541         (f)Records required to be kept pursuant to this subsection
 2542  must be maintained as specified for a period of not less than 6
 2543  years from the date of disposition of the active pharmaceutical
 2544  ingredients, prescription drugs, over-the-counter drugs, medical
 2545  devices, or cosmetics.
 2546         (g)To the extent that prescription drugs are also products
 2547  as defined in the federal act, as amended, and the information
 2548  required by the business records requirements of this section
 2549  are also included in the tracking and tracing requirements of
 2550  the federal act, as amended, and departmental rules, the
 2551  manufacturer, wholesale distributor, repackager, or dispenser
 2552  must follow both the requirements of the federal act, as
 2553  amended, and departmental rules.
 2554         (15) DUE DILIGENCE OF PURCHASERS.—
 2555         (b) A wholesale distributor must take reasonable measures
 2556  to identify its customers, understand the normal and expected
 2557  transactions conducted by those customers, and identify those
 2558  transactions that are suspicious in nature. A wholesale
 2559  distributor must establish internal policies and procedures for
 2560  identifying suspicious orders and preventing suspicious
 2561  transactions. A wholesale distributor must assess orders for
 2562  more greater than 7,500 5,000 unit doses of any one controlled
 2563  substance in any one month to determine whether the purchase is
 2564  reasonable. In making such assessments, a wholesale distributor
 2565  may consider the purchasing entity’s clinical business needs,
 2566  location, and population served, in addition to other factors
 2567  established in the distributor’s policies and procedures. A
 2568  wholesale distributor must report to the department any
 2569  regulated transaction involving an extraordinary quantity of a
 2570  listed chemical, an uncommon method of payment or delivery, or
 2571  any other circumstance that the regulated person believes may
 2572  indicate that the listed chemical will be used in violation of
 2573  the law. The wholesale distributor shall maintain records that
 2574  document the report submitted to the department in compliance
 2575  with this paragraph.
 2576         Section 10. Subsection (4) of section 499.015, Florida
 2577  Statutes, is amended to read:
 2578         499.015 Registration of drugs, devices, and cosmetics;
 2579  issuance of certificates of free sale.—
 2580         (4) Unless a registration is renewed, it expires 2 years
 2581  after the last day of the month in which it was issued. Any
 2582  product registration issued or renewed on or after July 1, 2016,
 2583  shall expire on the same date as the manufacturer or repackager
 2584  permit of the person seeking to register the product. If the
 2585  first product registration issued to a person on or after July
 2586  1, 2016, expires less than 366 days after issuance, the fee for
 2587  product registration shall be $15. If the first product
 2588  registration issued to a person on or after July 1, 2016,
 2589  expires more than 365 days after issuance, the fee for product
 2590  registration shall be $30. The department may issue a stop-sale
 2591  notice or order against a person that is subject to the
 2592  requirements of this section and that fails to comply with this
 2593  section within 31 days after the date the registration expires.
 2594  The notice or order shall prohibit such person from selling or
 2595  causing to be sold any drugs, devices, or cosmetics covered by
 2596  this part until he or she complies with the requirements of this
 2597  section.
 2598         Section 11. Subsection (1) of section 499.03, Florida
 2599  Statutes, is amended to read:
 2600         499.03 Possession of certain drugs without prescriptions
 2601  unlawful; exemptions and exceptions.—
 2602         (1) A person may not possess, or possess with intent to
 2603  sell, dispense, or deliver, any habit-forming, toxic, harmful,
 2604  or new drug subject to s. 499.003(32) 499.003(33), or
 2605  prescription drug as defined in s. 499.003(40) 499.003(43),
 2606  unless the possession of the drug has been obtained by a valid
 2607  prescription of a practitioner licensed by law to prescribe the
 2608  drug. However, this section does not apply to the delivery of
 2609  such drugs to persons included in any of the classes named in
 2610  this subsection, or to the agents or employees of such persons,
 2611  for use in the usual course of their businesses or practices or
 2612  in the performance of their official duties, as the case may be;
 2613  nor does this section apply to the possession of such drugs by
 2614  those persons or their agents or employees for such use:
 2615         (a) A licensed pharmacist or any person under the licensed
 2616  pharmacist’s supervision while acting within the scope of the
 2617  licensed pharmacist’s practice;
 2618         (b) A licensed practitioner authorized by law to prescribe
 2619  prescription drugs or any person under the licensed
 2620  practitioner’s supervision while acting within the scope of the
 2621  licensed practitioner’s practice;
 2622         (c) A qualified person who uses prescription drugs for
 2623  lawful research, teaching, or testing, and not for resale;
 2624         (d) A licensed hospital or other institution that procures
 2625  such drugs for lawful administration or dispensing by
 2626  practitioners;
 2627         (e) An officer or employee of a federal, state, or local
 2628  government; or
 2629         (f) A person that holds a valid permit issued by the
 2630  department pursuant to this part which authorizes that person to
 2631  possess prescription drugs.
 2632         Section 12. Paragraphs (i) through (p) of subsection (1) of
 2633  section 499.05, Florida Statutes, are amended to read:
 2634         499.05 Rules.—
 2635         (1) The department shall adopt rules to implement and
 2636  enforce this chapter with respect to:
 2637         (i) Additional conditions that qualify as an emergency
 2638  medical reason under s. 499.003(48)(b)2. 499.003(53)(b)2. or s.
 2639  499.82.
 2640         (j)Procedures and forms relating to the pedigree paper
 2641  requirement of s. 499.01212.
 2642         (j)(k) The protection of the public health, safety, and
 2643  welfare regarding good manufacturing practices that
 2644  manufacturers and repackagers must follow to ensure the safety
 2645  of the products.
 2646         (k)(l) Information required from each retail establishment
 2647  pursuant to s. 499.012(3) or s. 499.83(2)(c), including
 2648  requirements for prescriptions or orders.
 2649         (l)(m) The recordkeeping, storage, and handling with
 2650  respect to each of the distributions of prescription drugs
 2651  specified in s. 499.003(48)(a)-(v) 499.003(53)(a)-(d) or s.
 2652  499.82(14).
 2653         (n)Alternatives to compliance with s. 499.01212 for a
 2654  prescription drug in the inventory of a permitted prescription
 2655  drug wholesale distributor as of June 30, 2006, and the return
 2656  of a prescription drug purchased prior to July 1, 2006. The
 2657  department may specify time limits for such alternatives.
 2658         (m)(o) Wholesale distributor reporting requirements of s.
 2659  499.0121(14).
 2660         (n)(p) Wholesale distributor credentialing and distribution
 2661  requirements of s. 499.0121(15).
 2662         Section 13. Subsection (7) of section 499.051, Florida
 2663  Statutes, is amended to read:
 2664         499.051 Inspections and investigations.—
 2665         (7) The complaint and all information obtained pursuant to
 2666  the investigation by the department are confidential and exempt
 2667  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
 2668  until the investigation and the enforcement action are
 2669  completed. However, trade secret information contained therein
 2670  as defined by s. 812.081(1)(c) shall remain confidential and
 2671  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 2672  of the State Constitution, as long as the information is
 2673  retained by the department. This subsection does not prohibit
 2674  the department from using such information for regulatory or
 2675  enforcement proceedings under this chapter or from providing
 2676  such information to any law enforcement agency or any other
 2677  regulatory agency. However, the receiving agency shall keep such
 2678  records confidential and exempt as provided in this subsection.
 2679  In addition, this subsection is not intended to prevent
 2680  compliance with the provisions of s. 499.01212, and the pedigree
 2681  papers required in that section shall not be deemed a trade
 2682  secret.
 2683         Section 14. Subsection (14) of section 499.82, Florida
 2684  Statutes, is amended to read:
 2685         499.82 Definitions.—As used in this part, the term:
 2686         (14) “Wholesale distribution” means the distribution of
 2687  medical gas to a person other than a consumer or patient.
 2688  Wholesale distribution of medical gases does not include:
 2689         (a) The sale, purchase, or trade of a medical gas; an offer
 2690  to sell, purchase, or trade a medical gas; or the dispensing of
 2691  a medical gas pursuant to a prescription;
 2692         (b) Activities exempt from the definition of wholesale
 2693  distribution in s. 499.003; or
 2694         (c) The sale, purchase, or trade of a medical gas or an
 2695  offer to sell, purchase, or trade a medical gas for emergency
 2696  medical reasons; or
 2697         (d)Other transactions excluded from the definition of
 2698  wholesale distribution under the federal act or regulations
 2699  implemented under the federal act related to medical gas.
 2700         Section 15. Subsection (6) of section 499.83, Florida
 2701  Statutes, is created to read:
 2702         499.83 Permits.—
 2703         (6)A hospice licensed by the Agency for Health Care
 2704  Administration pursuant to part IV of chapter 400 is not
 2705  required to obtain medical oxygen retail establishment permit to
 2706  purchase on behalf of and sell medical oxygen to its hospice
 2707  patients, if the hospice contracts for the purchase and delivery
 2708  of medical oxygen from an establishment permitted pursuant to
 2709  this part. Sale and delivery to patients by hospices pursuant to
 2710  this subsection must be based upon on a prescription or an order
 2711  from a practitioner authorized by law to prescribe medical
 2712  oxygen. For sales to hospices pursuant to this subsection, the
 2713  medical gas wholesale distributor or the medical gas
 2714  manufacturer selling medical oxygen to a hospice shall reflect
 2715  on its invoice the hospice license number provided by the Agency
 2716  for Health Care Administration and shall maintain such record
 2717  pursuant to s. 499.89. Both the hospice and the medical oxygen
 2718  retailer delivering medical oxygen to the patient must maintain
 2719  a copy of a valid order or prescription for medical oxygen in
 2720  accordance with s. 499.89 and department rule, which copy must
 2721  be readily available for inspection.
 2722         Section 16. Subsection (4) of section 499.89, Florida
 2723  Statutes, is amended to read:
 2724         499.89 Recordkeeping.—
 2725         (4)A pedigree paper is not required for distributing or
 2726  dispensing medical gas.
 2727         Section 17. Section 499.01212, Florida Statutes, is
 2728  repealed.
 2729         Section 18. Paragraph (a) of subsection (1) of section
 2730  409.9201, Florida Statutes, is amended to read:
 2731         409.9201 Medicaid fraud.—
 2732         (1) As used in this section, the term:
 2733         (a) “Prescription drug” means any drug, including, but not
 2734  limited to, finished dosage forms or active ingredients that are
 2735  subject to, defined in, or described in s. 503(b) of the Federal
 2736  Food, Drug, and Cosmetic Act or in s. 465.003(8), s. 499.003(47)
 2737  499.003(52), s. 499.007(13), or s. 499.82(10).
 2738  
 2739  The value of individual items of the legend drugs or goods or
 2740  services involved in distinct transactions committed during a
 2741  single scheme or course of conduct, whether involving a single
 2742  person or several persons, may be aggregated when determining
 2743  the punishment for the offense.
 2744         Section 19. Paragraph (b) of subsection (1) of section
 2745  499.067, Florida Statutes, is amended to read:
 2746         499.067 Denial, suspension, or revocation of permit,
 2747  certification, or registration.—
 2748         (1)
 2749         (b) The department may deny an application for a permit or
 2750  certification, or suspend or revoke a permit or certification,
 2751  if the department finds that:
 2752         1. The applicant is not of good moral character or that it
 2753  would be a danger or not in the best interest of the public
 2754  health, safety, and welfare if the applicant were issued a
 2755  permit or certification.
 2756         2. The applicant has not met the requirements for the
 2757  permit or certification.
 2758         3. The applicant is not eligible for a permit or
 2759  certification for any of the reasons enumerated in s. 499.012.
 2760         4. The applicant, permittee, or person certified under s.
 2761  499.012(15) s. 499.012(16) demonstrates any of the conditions
 2762  enumerated in s. 499.012.
 2763         5. The applicant, permittee, or person certified under s.
 2764  499.012(15) s. 499.012(16) has committed any violation of this
 2765  chapter.
 2766         Section 20. Subsection (1) of section 794.075, Florida
 2767  Statutes, is amended to read:
 2768         794.075 Sexual predators; erectile dysfunction drugs.—
 2769         (1) A person may not possess a prescription drug, as
 2770  defined in s. 499.003(40) 499.003(43), for the purpose of
 2771  treating erectile dysfunction if the person is designated as a
 2772  sexual predator under s. 775.21.
 2773         Section 21. Paragraphs (d), (f), (i), and (j) of subsection
 2774  (3) of section 921.0022, Florida Statutes, are amended to read:
 2775         921.0022 Criminal Punishment Code; offense severity ranking
 2776  chart.—
 2777         (3) OFFENSE SEVERITY RANKING CHART
 2778         (d) LEVEL 4
 2779  
 2780  
 2781  FloridaStatute    FelonyDegree           Description            
 2782  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.
 2783  499.0051(1)          3rd   Failure to maintain or deliver transaction history, transaction information, or transaction statements pedigree papers.
 2784  499.0051(2)          3rd   Failure to authenticate pedigree papers.
 2785  499.0051(5) 499.0051(6)   2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 2786  517.07(1)            3rd   Failure to register securities.   
 2787  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 2788  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 2789  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 2790  784.075              3rd   Battery on detention or commitment facility staff.
 2791  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 2792  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 2793  784.081(3)           3rd   Battery on specified official or employee.
 2794  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 2795  784.083(3)           3rd   Battery on code inspector.        
 2796  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 2797  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 2798  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 2799  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 2800  787.07               3rd   Human smuggling.                  
 2801  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 2802  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 2803  790.115(2)(c)        3rd   Possessing firearm on school property.
 2804  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 2805  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 2806  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 2807  810.06               3rd   Burglary; possession of tools.    
 2808  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 2809  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 2810  812.014 (2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 2811  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 2812  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 2813  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 2814  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 2815  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 2816  837.02(1)            3rd   Perjury in official proceedings.  
 2817  837.021(1)           3rd   Make contradictory statements in official proceedings.
 2818  838.022              3rd   Official misconduct.              
 2819  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 2820  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 2821  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 2822  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 2823  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 2824  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 2825  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 2826  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).
 2827  914.14(2)            3rd   Witnesses accepting bribes.       
 2828  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 2829  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 2830  918.12               3rd   Tampering with jurors.            
 2831  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 2832  
 2833         (f) LEVEL 6
 2834  
 2835  
 2836  FloridaStatute    FelonyDegree           Description            
 2837  316.027(2)(b)        2nd   Leaving the scene of a crash involving serious bodily injury.
 2838  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
 2839  400.9935(4)(c)       2nd   Operating a clinic, or offering services requiring licensure, without a license.
 2840  499.0051(2) 499.0051(3)   2nd   Knowing forgery of transaction history, transaction information, or transaction statement pedigree papers.
 2841  499.0051(3) 499.0051(4)   2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
 2842  499.0051(4) 499.0051(5)   2nd   Knowing sale or transfer of prescription drug to unauthorized person.
 2843  775.0875(1)          3rd   Taking firearm from law enforcement officer.
 2844  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
 2845  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
 2846  784.041              3rd   Felony battery; domestic battery by strangulation.
 2847  784.048(3)           3rd   Aggravated stalking; credible threat.
 2848  784.048(5)           3rd   Aggravated stalking of person under 16.
 2849  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
 2850  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
 2851  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
 2852  784.081(2)           2nd   Aggravated assault on specified official or employee.
 2853  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
 2854  784.083(2)           2nd   Aggravated assault on code inspector.
 2855  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
 2856  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
 2857  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 2858  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 2859  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 2860  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
 2861  794.05(1)            2nd   Unlawful sexual activity with specified minor.
 2862  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.
 2863  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
 2864  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
 2865  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
 2866  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
 2867  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 2868  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
 2869  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
 2870  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
 2871  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
 2872  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
 2873  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
 2874  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
 2875  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
 2876  825.103(3)(c)        3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 2877  827.03(2)(c)         3rd   Abuse of a child.                 
 2878  827.03(2)(d)         3rd   Neglect of a child.               
 2879  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
 2880  836.05               2nd   Threats; extortion.               
 2881  836.10               2nd   Written threats to kill or do bodily injury.
 2882  843.12               3rd   Aids or assists person to escape. 
 2883  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 2884  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
 2885  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 2886  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
 2887  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.
 2888  944.40               2nd   Escapes.                          
 2889  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
 2890  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 2891  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
 2892  
 2893         (i) LEVEL 9
 2894  
 2895  FloridaStatute            FelonyDegree         Description         
 2896  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
 2897  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
 2898  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
 2899  499.0051(8) 499.0051(9)        1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 2900  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 2901  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 2902  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 2903  775.0844                       1st     Aggravated white collar crime.
 2904  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 2905  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.
 2906  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 2907  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 2908  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 2909  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 2910  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 2911  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.
 2912  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 2913  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 2914  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.
 2915  790.161                        1st     Attempted capital destructive device offense.
 2916  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 2917  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 2918  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 2919  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.
 2920  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 2921  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 2922  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 2923  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.
 2924  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 2925  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 2926  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 2927  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 2928  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 2929  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 2930  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 2931  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.
 2932  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.
 2933  827.03(2)(a)                   1st     Aggravated child abuse.     
 2934  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 2935  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 2936  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.
 2937  893.135                        1st     Attempted capital trafficking offense.
 2938  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 2939  893.135 (1)(b)1.c.             1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 2940  893.135 (1)(c)1.c.             1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 2941  893.135 (1)(c)2.d.             1st     Trafficking in hydrocodone, 200 grams or more, less than 30 kilograms.
 2942  893.135 (1)(c)3.d.             1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 2943  893.135 (1)(d)1.c.             1st     Trafficking in phencyclidine, more than 400 grams.
 2944  893.135 (1)(e)1.c.             1st     Trafficking in methaqualone, more than 25 kilograms.
 2945  893.135 (1)(f)1.c.             1st     Trafficking in amphetamine, more than 200 grams.
 2946  893.135 (1)(h)1.c.             1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 2947  893.135 (1)(j)1.c.             1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 2948  893.135 (1)(k)2.c.             1st     Trafficking in Phenethylamines, 400 grams or more.
 2949  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 2950  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 2951  
 2952         (j) LEVEL 10
 2953  
 2954  FloridaStatute             FelonyDegree         Description        
 2955  499.0051(9) 499.0051(10)       1st      Knowing sale or purchase of contraband prescription drugs resulting in death.
 2956  782.04(2)                    1st,PBL    Unlawful killing of human; act is homicide, unpremeditated.
 2957  782.07(3)                      1st      Aggravated manslaughter of a child.
 2958  787.01(1)(a)3.               1st,PBL    Kidnapping; inflict bodily harm upon or terrorize victim.
 2959  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.
 2960  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.
 2961  787.06(4)(a)                   Life     Selling or buying of minors into human trafficking.
 2962  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.
 2963  812.135(2)(a)                1st,PBL    Home-invasion robbery with firearm or other deadly weapon.
 2964  876.32                         1st      Treason against the state. 
 2965         Section 22. Section 893.30, Florida Statutes, is created to
 2966  read:
 2967         893.30 Controlled substance safety education and
 2968  awareness.—
 2969         (1) This section may be cited as the “Victoria Siegel
 2970  Controlled Substance Safety Education and Awareness Act.”
 2971         (2) The department shall develop a written pamphlet
 2972  relating to controlled substances which includes educational
 2973  information about the following:
 2974         (a) Precautions regarding the use of pain management
 2975  prescriptions.
 2976         (b) The potential for misuse and abuse of controlled
 2977  substances by adults and children.
 2978         (c) The risk of controlled substance dependency and
 2979  addiction.
 2980         (d) The proper storage and disposal of controlled
 2981  substances.
 2982         (e) Controlled substance addiction support and treatment
 2983  resources.
 2984         (f) Telephone helplines and website links that provide
 2985  counseling and emergency assistance for individuals dealing with
 2986  substance abuse.
 2987         (3) The department shall encourage health care providers,
 2988  including, but not limited to, hospitals, county health
 2989  departments, physicians, and nurses, to disseminate and display
 2990  information about controlled substance safety, including, but
 2991  not limited to, the pamphlet created pursuant to subsection (2).
 2992         (4) The department shall encourage consumers to discuss the
 2993  risks of controlled substance use with their health care
 2994  providers.
 2995         (5) The State Surgeon General shall make publicly
 2996  available, by posting on the department’s website, the pamphlet
 2997  created pursuant to subsection (2) and additional resources as
 2998  appropriate.
 2999         (6) The department shall fund the promotion of controlled
 3000  substance safety education and awareness under this section
 3001  through grants from private or federal sources.
 3002         (7) The department is encouraged to collaborate with other
 3003  agencies, organizations, and institutions to create a systematic
 3004  approach to increasing public awareness regarding controlled
 3005  substance safety.
 3006         Section 23. This act shall take effect July 1, 2016.