Florida Senate - 2014                                     SB 836
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00674-14                                             2014836__
    1                        A bill to be entitled                      
    2         An act relating to medical gas; creating part III of
    3         ch. 499, F.S., entitled “Medical Gas”; creating s.
    4         499.81, F.S.; defining terms; creating s. 499.82,
    5         F.S.; requiring a person or establishment located
    6         inside or outside the state which intends to
    7         distribute medical gas within or into this state to
    8         obtain an applicable permit before operating; listing
    9         the people or entities that are legally authorized to
   10         receive medical gas; establishing categories of
   11         permits and setting requirements for each; creating s.
   12         499.821, F.S.; requiring the Department of Business
   13         and Professional Regulation to establish the form and
   14         content of an application; stating that an applicant
   15         who is denied a permit has a right of review pursuant
   16         to ch. 120, F.S.; requiring the department to ensure
   17         that information obtained during the application
   18         process identified as trade secret is maintained and
   19         remains confidential; authorizing the department to
   20         set fees within certain parameters; creating s.
   21         499.822, F.S.; requiring a permit to expire 2 years
   22         after the last day of the month in which the permit
   23         was issued; providing requirements for the renewal of
   24         a permit; requiring the department to adopt rules for
   25         the renewal of permits; creating s. 499.823, F.S.;
   26         authorizing the department to consider certain factors
   27         in determining the eligibility of an applicant;
   28         creating s. 499.824, F.S.; authorizing the department
   29         to approve certain permitholder changes; authorizing
   30         the department to revoke the permit of a person that
   31         fails to comply with this section; creating s. 499.83,
   32         F.S.; requiring an applicant for or a holder of a
   33         permit as a wholesale distributor of medical gas or as
   34         a medical oxygen retailer to designate a registered
   35         agent; creating s. 499.84, F.S.; setting the minimum
   36         requirements for the storage and handling of medical
   37         gas; creating s. 499.85, F.S.; requiring a wholesale
   38         distributor of medical gas to implement measures to
   39         secure the location from unauthorized entry; setting
   40         facility requirements for security purposes;
   41         authorizing a vehicle used for on-call delivery of
   42         oxygen USP and oxygen-related equipment to be parked
   43         at a place of residence; requiring the department to
   44         adopt rules governing the wholesale distribution of
   45         prescription medical oxygen; creating s. 499.86, F.S.;
   46         requiring a wholesale distributor of medical gases to
   47         visually examine an immediate container upon receipt
   48         for identity and to determine if the medical gas
   49         container has been damaged or is otherwise unfit for
   50         distribution; requiring a medical gas container that
   51         is damaged or otherwise unfit for distribution to be
   52         quarantined; requiring outgoing shipments to be
   53         inspected; requiring wholesale distributors to review
   54         certain records; creating s. 499.87, F.S.; authorizing
   55         the return of medical gas that has left the control of
   56         the wholesale distributor; requiring that medical gas
   57         that is damaged, misbranded, or adulterated be
   58         quarantined from other medical gases until it is
   59         destroyed or returned to the manufacturer or wholesale
   60         distributor from which it was acquired; creating s.
   61         499.88, F.S.; requiring a wholesale distributor to
   62         obtain certain information before the initial
   63         acquisition of the medical gas; providing certain
   64         exemptions; creating s. 499.89, F.S.; requiring a
   65         wholesale distributor to establish and maintain
   66         transactional records; providing a retention period
   67         for certain records and requiring that the records be
   68         available for inspection during that period; creating
   69         s. 499.90, F.S.; requiring a wholesale distributor to
   70         establish, maintain, and adhere to certain written
   71         policies and procedures; creating s. 499.91, F.S.;
   72         prohibiting certain acts; creating s. 499.92, F.S.;
   73         establishing criminal penalties; authorizing property
   74         or assets subject to forfeiture to be seized pursuant
   75         to a warrant; creating s. 499.93, F.S.; authorizing
   76         the department to require a facility that engages in
   77         wholesale distribution to undergo an inspection;
   78         authorizing the department to authorize a third party
   79         to inspect wholesale distributors; requiring the
   80         department to ensure that information obtained during
   81         the inspection process identified as trade secret is
   82         maintained and remains confidential; creating s.
   83         499.94, F.S.; requiring fees collected pursuant to
   84         this part to be deposited into the Professional
   85         Regulation Trust Fund; creating s. 499.95, F.S.;
   86         authorizing the department for the purpose of
   87         initiating an investigation or proceeding under this
   88         part to administer oaths, take depositions, issue and
   89         serve subpoenas, and compel attendance of witnesses
   90         and the production of books, papers, documents or
   91         other evidence; requiring an attorney to whom the
   92         department reports a violation of this part to timely
   93         institute proceedings in the court of competent
   94         jurisdiction; exempting minor violations from
   95         reporting requirements at the department’s discretion;
   96         providing that this part is cumulative and does not
   97         repeal or affect the power, duty, or authority of the
   98         department; amending ss. 409.9201, 460.403, 465.0265;
   99         conforming provisions to changes made by the act;
  100         amending s. 499.001, F.S.; conforming a provision to
  101         changes made by the act; amending s. 499.003, F.S.;
  102         conforming terminology, deleting a definition, and
  103         defining the term “medical gas”; amending ss. 499.01
  104         and 499.0121, F.S.; conforming provisions to changes
  105         made by the act; amending s. 499.01211, F.S.; changing
  106         the membership of the Drug Wholesale Distributor
  107         Advisory Council; requiring the Compressed Gas
  108         Association to appoint one person to the council;
  109         amending ss. 499.01212, 499.015, 499.024, 499.041,
  110         499.05, 499.051, 499.066, 499.0661, and 499.067, F.S.;
  111         conforming provisions to changes made by the act;
  112         providing an effective date.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Part III of chapter 499, Florida Statutes,
  117  consisting of ss. 499.81-499.95, Florida Statutes, is created
  118  and is entitled “Medical Gas.”
  119         Section 2. Section 499.81, Florida Statutes, is created to
  120  read:
  121         499.81Definitions.—As used in this part, the term:
  122         (1) “Adulterated” with respect to medical gas means medical
  123  gas that:
  124         (a) Consists, in whole or in part, of impurities or
  125  deleterious substances that exceed normal specifications;
  126         (b) Has been produced, prepared, packed, or held under
  127  conditions whereby the gas may have been contaminated, causing
  128  it to be rendered injurious to health; or was manufactured,
  129  processed, packed, or held using methods, facilities, or
  130  controls that do not conform to or are not operated or
  131  administered in conformity with current good manufacturing
  132  practices;
  133         (c) Has a container interior that is composed, in whole or
  134  in part, of a poisonous or deleterious substance that may render
  135  the container contents injurious to health; or
  136         (d) Has a strength that differs from, or that is of a
  137  quality or purity that fails to meet, the standards established
  138  in the USP-NF, if the gas is purported to be, or is represented
  139  as, medical gas as recognized in the USP-NF. Such a
  140  determination as to strength, quality, or purity must be made in
  141  accordance with the tests or methods of assay set forth in the
  142  USP-NF or a validated equivalent, or, in the absence or
  143  inadequacy of these tests or methods of assay, those prescribed
  144  under the authority of the federal act shall be used. However, a
  145  gas that is purported to be, or is represented as, medical gas
  146  as recognized in the USP-NF but that differs in strength,
  147  quality, or purity from the standards established in the USP-NF
  148  may not be deemed adulterated for purposes of this paragraph if
  149  the difference is plainly stated on its label.
  150         (2) “Department” means the Department of Business and
  151  Professional Regulation.
  152         (3) “Distribute” or “distribution” means to sell or offer
  153  to sell, deliver or offer to deliver, broker, give away, or
  154  transfer medical gas, by passage of title or by physical
  155  movement. The term does not include:
  156         (a) Dispensing or administering medical gas;
  157         (b) Delivering or offering to deliver medical gas by a
  158  common carrier in its usual course of business; or
  159         (c) A sales activity that takes place in an establishment
  160  that is owned or controlled by a person or business entity
  161  authorized to distribute medical gas within or into this state
  162  or staffed by persons employed by such person, if the location
  163  where the sales activity takes place does not physically store
  164  or transport medical gas.
  165         (4) “Emergency use oxygen” means oxygen USP that is
  166  administered without a prescription for an emergency situation
  167  concerning oxygen deficiency or resuscitation and that is in a
  168  container labeled in accordance with FDA standards.
  169         (5) “FDA” means the federal Food and Drug Administration.
  170         (6) “Federal act” means the federal Food, Drug, and
  171  Cosmetic Act, 21 U.S.C. ss. 301 et seq.
  172         (7) “Health care entity” means a person, including an
  173  organization business entity, which provides diagnostic,
  174  medical, surgical, or dental treatment or rehabilitative care.
  175  The term includes a home respiratory care provider or a person
  176  or entity authorized to administer emergency use oxygen, but
  177  does not include a retail pharmacy or wholesale distributor.
  178         (8) “Immediate container” means a compressed gas cylinder
  179  or liquid container that contains medical gas. The term does not
  180  include a large-bulk liquid or high pressure container, such as
  181  a storage tank, vehicle-mounted vessel, trailer, or railcar.
  182         (9) “Intracompany transaction” means a transaction between
  183  divisions, subsidiaries, parents, or affiliated or related
  184  companies under the common ownership and control of a single
  185  corporate entity.
  186         (10) “Label” means a display of a written, printed, or
  187  graphic matter upon an immediate container. The term does not
  188  include the letters, numbers, or symbols stamped onto a
  189  container as required by the United States Department of
  190  Transportation.
  191         (11) “Manufacturer” means a person or entity that
  192  manufactures medical gas in bulk or that transfers the gas or
  193  liquefied gas product from one container to another.
  194         (12) “Medical gas” is defined in accordance with the
  195  federal act and means a liquefied or vaporized gas that is a
  196  prescription drug, regardless of whether it is alone or combined
  197  with other gases.
  198         (13) “Medical gas-related equipment” means a device used as
  199  an accessory or component part to contain or control flow,
  200  delivery, or pressure during the administration of medical gas,
  201  such as liquid-oxygen base and portable units, pressure
  202  regulators, flow meters, and oxygen concentrators.
  203         (14) “Misbranded” means medical gas that has a label that
  204  is false or misleading or a label that does not:
  205         (a)Display the name and address of the manufacturer,
  206  packer, or distributor;
  207         (b) Provide an accurate statement of the quantity of active
  208  ingredients or show an accurate monograph for the medical gas;
  209  or
  210         (c) In the case of mixtures of designated medical gases,
  211  identify the component percentages of each designated medical
  212  gas used to make the mixture.
  213         (15) “Prescription medical oxygen” means oxygen USP, a drug
  214  that may be sold only by the order or prescription of a licensed
  215  practitioner authorized by law to prescribe.
  216         (16) “USP-NF” or “USP” means the standards published in the
  217  official book, “The United States Pharmacopeia and the National
  218  Formulary.”
  219         (17) “Wholesale distribution” means the distribution of
  220  medical gas by a wholesale distributor of medical gas to a
  221  person other than a consumer or patient. The term does not
  222  include:
  223         (a) The sale, purchase, or trade of a medical gas, an offer
  224  to sell, purchase, or trade a prescription drug or device, or
  225  the dispensing of medical gas pursuant to a prescription;
  226         (b) The sale, purchase, or trade of a medical gas or an
  227  offer to sell, purchase, or trade medical gas for an emergency
  228  medical reason that includes, but is not limited to:
  229         1.A transfer of a medical gas between wholesale
  230  distributors or between a wholesale distributor and a retail
  231  pharmacy or health care entity to alleviate a temporary shortage
  232  of medical gas resulting from a delay in or an interruption of a
  233  regular distribution schedule;
  234         2.Sales to a licensed emergency medical service provider,
  235  such as an ambulance company, a firefighting organization, or a
  236  licensed practitioner authorized to prescribe medical gases;
  237         3.Provision of minimal emergency supplies of medical gas
  238  to a nursing home for use in an emergency or during the hours of
  239  the day when necessary medical gas cannot be obtained; or
  240         4.Transfers of medical gases to alleviate a temporary
  241  shortage between retail pharmacies;
  242         (c) An intracompany transaction;
  243         (d) The sale, purchase, or trade of medical gas or an offer
  244  to sell, purchase, or trade medical gas among hospitals,
  245  pharmacies, or other health care entities that are under common
  246  control;
  247         (e) The sale, purchase, or trade of medical gas, or the
  248  offer to sell, purchase, or trade medical gas by a charitable
  249  organization that has been granted an exemption under s.
  250  501(c)(3) of the Internal Revenue Code to a nonprofit affiliate
  251  of the organization, to the extent otherwise permitted by law;
  252         (f) The purchase or other acquisition of medical gas by a
  253  hospital or other similar health care entity that is a member of
  254  a group purchasing organization, for the hospital’s or the
  255  health care entity’s own use, from the group purchasing
  256  organization or from another hospital or similar health care
  257  entity that is a member of such organization;
  258         (g) The return of residual medical gas that may be
  259  reprocessed in accordance with the manufacturer’s procedures or
  260  the return of recalled, expired, damaged, or otherwise
  261  nonsalable medical gas, when returned by a hospital, health care
  262  entity, pharmacy, or charitable institution to a wholesale
  263  distributor;
  264         (h) An activity that is exempt from the definition of the
  265  term “wholesale distribution” as provided in s. 499.003; or
  266         (i) A transaction that is excluded from the definition of
  267  the term “wholesale distribution” under the federal act or
  268  regulations implemented under the federal act related to medical
  269  gas.
  270         (18) “Wholesale distributor” means a person or entity
  271  engaged in the wholesale distribution of medical gas within or
  272  into this state, including, but not limited to, a manufacturer,
  273  an own-label distributor, a private-label distributor, a
  274  warehouse, including a manufacturers’ and distributors’
  275  warehouse, and a wholesale medical gas warehouse.
  276         Section 3. Section 499.82, Florida Statutes, is created to
  277  read:
  278         499.82Permits.—
  279         (1) A person or establishment, located inside or outside
  280  the state, which intends to distribute medical gas within or
  281  into this state must obtain the applicable permit before
  282  operating.
  283         (2) All of the following are legally authorized to receive
  284  medical gas: permitted medical gas manufacturers or permitted
  285  wholesale distributors, licensed pharmacies or health care
  286  entities, people authorized to receive emergency use oxygen
  287  without a prescription, locations with automated external
  288  defibrillation machines where emergency use oxygen is intended
  289  to be used with such machines, or companies that need medical
  290  gas in the installation and refurbishment of piping and
  291  equipment used to contain or administer medical gas.
  292         (3) An applicant who is a natural person must be at least
  293  18 years of age or an applicant must be managed, controlled, or
  294  overseen, directly or indirectly, by a natural person who is at
  295  least 18 years of age.
  296         (4) An out-of-state wholesale distributor that provides
  297  services in this state must be legally authorized as a wholesale
  298  distributor in the state in which it resides or is incorporated.
  299         (5) A wholesale distributor may not operate from a place of
  300  residence, and a place of residence may not be granted a permit
  301  or operate under this part, except for the on-call delivery of
  302  home care oxygen by a home respiratory care technician.
  303         (6) If wholesale distribution is conducted at more than one
  304  location within this state or more than one location
  305  distributing into this state, each location must be permitted by
  306  the department.
  307         (7) The following permits are established:
  308         (a) Medical gas wholesale distributor permit.—A medical gas
  309  wholesale distributor permit is required for wholesale
  310  distribution within or into this state.
  311         1. Such permit does not authorize distribution to a
  312  consumer or patient.
  313         2. The medical gas must be in the container that was
  314  obtained by that wholesale distributor without further
  315  manufacturing operations being performed.
  316         3. A wholesale distributor may not possess or engage in the
  317  wholesale distribution of any prescription drug other than
  318  medical gas.
  319         (b) Medical gas manufacturer permit.—A medical gas
  320  manufacturer permit is required for a person who engages in the
  321  manufacture of medical gas by physical air separation, chemical
  322  action, purification, or filling containers using a liquid-to
  323  liquid, liquid-to-gas, or gas-to-gas process and distributes
  324  such medical gas within or into this state. A medical gas
  325  manufacturer:
  326         1. May not manufacture or possess a prescription drug other
  327  than medical gas unless the appropriate permit is obtained.
  328         2. May engage in the wholesale distribution of medical gas
  329  that is manufactured at the permitted establishment without
  330  obtaining a medical gas wholesale distributor permit, but shall
  331  comply with this part and applicable rules.
  332         3. Shall comply with all appropriate state and federal good
  333  manufacturing practices.
  334         (c) Medical oxygen retail establishment permit.—A medical
  335  oxygen retail establishment permit is required for a person who
  336  sells prescription medical oxygen directly to patients. Such
  337  sales must be based upon an order or prescription from a
  338  licensed practitioner authorized by law to prescribe. A pharmacy
  339  licensed under chapter 465 is exempt from this paragraph. A
  340  medical oxygen retail establishment:
  341         1. May not possess, purchase, sell, or trade a prescription
  342  drug other than medical oxygen unless other appropriate permits
  343  are obtained.
  344         2. May refill a prescription medical oxygen container for a
  345  patient based on an order or prescription from a licensed
  346  practitioner authorized by law to prescribe. A medical oxygen
  347  retail establishment that refills prescription medical oxygen
  348  shall comply with all appropriate state and federal good
  349  manufacturing practices.
  350         3. Shall comply with the storage and handling requirements
  351  under s. 499.84.
  352         4. May not receive back into its inventory any prescription
  353  medical oxygen that it sold pursuant to a licensed
  354  practitioner’s order.
  355         Section 4. Section 499.821, Florida Statutes, is created to
  356  read:
  357         499.821Permit application.—
  358         (1) The department shall establish by rule the form and
  359  content of an application to obtain a permit listed under s.
  360  499.82.
  361         (a) An application for a permit must be filed with the
  362  department and must include the following information:
  363         1. The trade or business names, including fictitious names,
  364  currently and formerly used by the applicant, which may not be
  365  identical to a name used by an unrelated wholesale distributor
  366  authorized in this state to purchase medical gas.
  367         2. The name or names of the owner and operator of the
  368  permittee, if not the same person or entity. The application
  369  must also include the following if the applicant is:
  370         a. An individual: the applicant’s business address and date
  371  of birth.
  372         b. A sole proprietorship: the business address of the sole
  373  proprietor and the name and federal employer identification
  374  number of the business entity.
  375         c. A partnership: the business address and date of birth of
  376  each partner and the name and federal employer identification
  377  number of the partnership.
  378         d. A limited liability company: the business address and
  379  title of each company officer, the name and federal employer
  380  identification number of the limited liability company, and the
  381  state of incorporation.
  382         e. A corporation: the business address and title of each
  383  corporate officer and director; the name, state of
  384  incorporation, and federal employer identification number of the
  385  corporation; and the name and business address of any parent
  386  company.
  387         3. A list of disciplinary actions pertinent to wholesale
  388  distributors of prescription drugs or controlled substances by a
  389  state or federal agency against the applicant seeking to
  390  distribute into this state and against a principal, owner,
  391  director, or officer.
  392         4. An address and description of each facility or
  393  warehouse, including a description of the security system for
  394  any location used for medical gas storage or wholesale
  395  distribution.
  396         (b) The applicant shall attest in writing that the
  397  information contained in the application is complete and
  398  accurate, that the applicant has not been convicted of or
  399  disciplined for a criminal or prohibited act, and that the
  400  application contains complete disclosure of any past criminal
  401  convictions or violations of state or federal law relating to
  402  medical gases.
  403         (2) An applicant that is denied a permit has the right to
  404  review of the department’s decision pursuant to chapter 120.
  405         (3) Information submitted to the department by an applicant
  406  for the purposes of this section which the applicant identifies
  407  as trade secret information as defined under s. 812.081 shall be
  408  maintained by the department and remain confidential and exempt
  409  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  410  for as long as the information is retained by the department.
  411         (4) An applicant must submit a reasonable fee, to be
  412  determined by the department, in order to obtain a permit. The
  413  fee for a medical gas wholesale distributor permit may not be
  414  less than $200 or more than $300 annually. The fee for a medical
  415  gas manufacturer permit may not be less than $400 or more than
  416  $500 annually. The fee for a medical oxygen retail establishment
  417  permit may not be less than $200 or more than $300 annually.
  418         Section 5. Section 499.822, Florida Statutes, is created to
  419  read:
  420         499.822 Expiration and renewal of a permit.—
  421         (1) A permit issued under this part automatically expires 2
  422  years after the last day of the month in which the permit was
  423  originally issued unless the permit is suspended or revoked
  424  before the automatic expiration date.
  425         (2) A permit issued under this part may be renewed by
  426  submitting an application for renewal on a form furnished by the
  427  department and paying the appropriate fee. The application for
  428  renewal must contain a statement by the applicant attesting that
  429  the information is true and correct. If a renewal application
  430  and renewal fee are submitted and postmarked after the
  431  expiration date of the permit, the permit may be renewed only
  432  upon payment of a late renewal delinquent fee of $100, plus the
  433  required renewal fee, within 60 days after the expiration date.
  434         (3) Failure to renew a permit in accordance with this
  435  section precludes future renewal. If a permit has expired and
  436  cannot be renewed, the person or establishment must submit an
  437  application for a new permit, pay the applicable application
  438  fee, the initial permit fee, and all applicable penalties, and
  439  be issued a new permit by the department before engaging in an
  440  activity that requires a permit under this part.
  441         (4) The department shall adopt rules to administer this
  442  section, including setting a reasonable fee for a renewal
  443  application.
  444         Section 6. Section 499.823, Florida Statutes, is created to
  445  read:
  446         499.823 Minimum qualifications.—The department may deny an
  447  application for a permit or refuse to renew a permit based upon:
  448         (1) Whether the applicant has violated, or has been
  449  disciplined by a regulatory agency in any state for violating, a
  450  federal, state, or local law relating to wholesale distribution;
  451         (2) The applicant’s criminal convictions;
  452         (3) The applicant’s past experience in manufacturing or
  453  distributing medical gas;
  454         (4) Any false or fraudulent material contained in an
  455  application;
  456         (5) Suspension, sanction, or revocation of a permit
  457  currently or previously held by the applicant for violations of
  458  a state or federal law relating to medical gas;
  459         (6) Compliance with previously granted permit requirements;
  460         (7) Compliance with the requirements to maintain or make
  461  available to the department or permitting authority or to a
  462  federal, state, or local law enforcement official records
  463  required to be maintained by a wholesale distributor; and
  464         (8) Any other factors or qualifications that the department
  465  considers relevant to and consistent with public health and
  466  safety.
  467         Section 7. Section 499.824, Florida Statutes, is created to
  468  read:
  469         499.824Permitholder changes.—
  470         (1) A permit issued by the department is valid only for the
  471  person or entity to which it is issued and is not subject to
  472  sale, assignment, or other transfer, voluntarily or
  473  involuntarily, and is not valid for an establishment other than
  474  the establishment for which it was originally issued, except as
  475  provided in this part. The department may approve the following
  476  changes, and a person or entity may continue to operate in the
  477  following manner:
  478         (a)Change of location.A person or entity permitted under
  479  this part must notify the department before making a change of
  480  location. The department shall set a change-of-location fee not
  481  to exceed $100.
  482         (b)Change in ownership.—If a majority of the ownership or
  483  controlling interest of a permitted establishment is transferred
  484  or assigned or if a lessee agrees to undertake or provide
  485  services such that legal liability for operation of the
  486  establishment will rest with the lessee, an application for a
  487  new permit is required. The application for the new permit must
  488  be made before the change of ownership. However, if an applicant
  489  is a permitholder or is wholly owned by or wholly owns a
  490  permitholder under this part, the application for the new permit
  491  must be made by the date of the sale, transfer, assignment, or
  492  lease. Between the date of the change of ownership and the date
  493  of the application approval or denial by the department, an
  494  applicant may distribute under the permit number of the previous
  495  owner.
  496         (c)Change of name.—A permitholder may make a change of
  497  name without submitting a new permit application. The
  498  permitholder must notify the department before making a change
  499  of name. The permitholder may continue to operate the
  500  establishment while the notification is being processed.
  501         (d)Closure.—If an establishment permitted under this part
  502  closes, the owner must notify the department, in writing, before
  503  the effective date of the closure and must:
  504         1. Return the permit to the department; and
  505         2. If the permittee is authorized to distribute medical
  506  gas, indicate the disposition of such medical gas, including the
  507  name, address, and inventory, and provide the name and address
  508  of a person to contact regarding access to the records that are
  509  required to be maintained under this part. Transfer of ownership
  510  of medical gas may be made only to persons authorized to receive
  511  medical gas pursuant to this part.
  512         (2) Notwithstanding paragraph (1)(a), a permitholder in
  513  good standing may change the type of permit issued by completing
  514  a new application for the requested permit, paying the amount of
  515  the difference in the permit fees, and meeting the applicable
  516  permitting requirements for the new permit type. A refund may
  517  not be issued if the fee for the new permit is less than the fee
  518  that was paid for the original permit. The new permit expires on
  519  the expiration date of the original permit being changed.
  520         (3) The department may revoke a permit for failure to
  521  comply with this section.
  522         Section 8. Section 499.83 Florida Statutes, is created to
  523  read:
  524         499.83Registered agent.—An applicant for or a holder of a
  525  permit as a medical gas wholesale distributor or as a medical
  526  oxygen retail establishment shall designate a registered agent
  527  in this state for purposes of service of process. If an
  528  applicant or a permitted wholesale distributor or medical oxygen
  529  retailer fails to designate a registered agent, the Secretary of
  530  State shall be deemed the true and lawful attorney of the
  531  applicant or the permitted wholesale distributor or medical
  532  oxygen retailer, and, in such case, the legal processes in any
  533  action or proceeding against an applicant or permitted wholesale
  534  distributor or medical oxygen retailer which grows out of or
  535  arising from wholesale distribution or retail may be served upon
  536  the Secretary of State. A copy of the service of process shall
  537  be mailed to the applicant or the permitted wholesale
  538  distributor or medical oxygen retailer by the department by
  539  certified mail, return receipt requested, postage prepaid, at
  540  the address of the applicant or the distributor or retailer as
  541  designated on the application for a permit in this state.
  542         Section 9. Section 499.84, Florida Statutes, is created to
  543  read:
  544         499.84Minimum requirements for the storage and handling of
  545  medical gas.—
  546         (1) A facility that receives, stores, warehouses, handles,
  547  holds, offers, markets, displays, or transports medical gas must
  548  avoid any negative effect on the identity, strength, quality, or
  549  purity of medical gas by:
  550         (a) Being constructed in a way that ensures that medical
  551  gas is maintained in accordance with its product labeling
  552  recommendations or in compliance with official compendium
  553  standards, such as the USP-NF;
  554         (b) Being of a suitable size and construction that
  555  facilitates cleaning, maintenance, and proper wholesale
  556  distribution;
  557         (c) Having an adequate storage area with appropriate
  558  lighting, ventilation, space, equipment, and security
  559  conditions;
  560         (d) Having a quarantine area for the storage of medical gas
  561  that is suspected of being misbranded, adulterated, or otherwise
  562  unfit for distribution;
  563         (e) Being maintained in an orderly condition;
  564         (f) Being in a commercial location, except if a personal
  565  dwelling location is used for the on-call delivery of oxygen USP
  566  for home care use and the person providing on-call delivery is
  567  employed by or acting under a written contract with a permittee;
  568         (g) Providing for the secure storage of patient
  569  information, if applicable, by restricting access and
  570  implementing policies and procedures that protect the integrity
  571  and confidentiality of patient information; and
  572         (h) Providing and maintaining appropriate inventory
  573  controls in order to detect and document any theft of nitrous
  574  oxide.
  575         (2) Medical gas must be stored under appropriate conditions
  576  in accordance with the manufacturers’ recommendations on product
  577  labeling and department rules or, in the absence of rules, in
  578  accordance with applicable industry standards. Medical gas must
  579  be packaged in accordance with official compendium standards,
  580  such as the USP-NF.
  581         Section 10. Section 499.85, Florida Statutes, is created to
  582  read:
  583         499.85Security.—
  584         (1) A facility that engages in wholesale distribution shall
  585  implement measures to secure its facility from unauthorized
  586  entry. Such measures must include the following:
  587         (a) Access from outside the premises must be well
  588  controlled and kept to a minimum.
  589         (b) The outside perimeter of the premises must be well
  590  lighted.
  591         (c) Areas in which medical gas is held must be restricted
  592  by a fence or other system that detects or deters entry after
  593  hours and limits access only to authorized personnel.
  594         (2) A facility that engages in wholesale distribution must
  595  have:
  596         (a) A security system that provides protection against
  597  theft and, if appropriate, theft that is enabled or obscured by
  598  tampering with computers or electronic records.
  599         (b) A security system that protects the integrity and
  600  confidentiality of data and documents.
  601         (3) If a wholesale distributor uses electronic distribution
  602  records, he or she must employ, train, and document the training
  603  of personnel for the proper use of the applicable technology and
  604  equipment.
  605         (4) A vehicle used for on-call delivery of oxygen USP and
  606  oxygen-related equipment for home care use by a home care
  607  provider may be parked at a place of residence. Such vehicle
  608  while unattended must be locked and equipped with an audible
  609  alarm.
  610         (5) The department shall adopt rules that govern the
  611  wholesale distribution of prescription medical oxygen for
  612  emergency use by persons authorized to receive emergency use
  613  oxygen. Unless the laws of this state specifically direct
  614  otherwise, such rules must be consistent with federal rules and
  615  regulations, including the labeling requirements of oxygen under
  616  the federal act.
  617         Section 11. Section 499.86, Florida Statutes, is created to
  618  read:
  619         499.86Examination of materials.—
  620         (1) A wholesale distributor must visually examine an
  621  immediate container upon receipt from the manufacturer in order
  622  to identify the medical gas and to determine if the container
  623  has been damaged or is otherwise unfit for wholesale
  624  distribution. Such examination must occur in a manner that would
  625  reveal damage to the container which could suggest possible
  626  adulteration or misbranding.
  627         (2) A medical gas container that is damaged or otherwise
  628  unfit pursuant to subsection (1) must be quarantined from the
  629  rest of the stock of medical gas until it is determined that the
  630  medical gas in question was not misbranded or adulterated.
  631         (3) An outgoing shipment must be inspected for identity and
  632  to ensure that medical gas containers that have been damaged in
  633  storage or held under improper conditions are not delivered.
  634         (4) A wholesale distributor must review records documenting
  635  the acquisition of medical gas upon receipt for accuracy and
  636  completeness.
  637         Section 12. Section 499.87, Florida Statutes, is created to
  638  read:
  639         499.87Returned, damaged, and outdated medical gas.—
  640         (1) Medical gas that has left the control of a wholesale
  641  distributor may be returned to the manufacturer or wholesale
  642  distributor from which it was acquired.
  643         (2) Unless medical gas is reprocessed by a manufacturer
  644  employing proper and adequate controls to ensure the identity,
  645  strength, quality, and purity of the reprocessed medical gas,
  646  the gas may not be resold as a medical gas even if its integrity
  647  was maintained.
  648         (3) Medical gas that has been subjected to improper
  649  conditions, such as a fire, accident, or natural disaster, may
  650  not be salvaged or reprocessed.
  651         (4) Medical gas, including its container, which is damaged,
  652  misbranded, or adulterated must be quarantined from other
  653  medical gases until it is destroyed or returned to the
  654  manufacturer or wholesale distributor from which it was
  655  acquired. External contamination to a medical gas container or
  656  closure system which does not impact the integrity of the
  657  medical gas is not considered damage or adulteration for
  658  purposes of this subsection. If medical gas is adulterated or
  659  misbranded or suspected of being adulterated or misbranded,
  660  notice shall be provided to the manufacturer or wholesale
  661  distributor from which the medical gas was acquired and to the
  662  appropriate boards and federal regulatory bodies.
  663         (5) A medical gas container that has been opened or used
  664  but is not adulterated or misbranded is considered empty and
  665  must be quarantined from nonempty medical gas containers and
  666  returned to the manufacturer or wholesale distributor from which
  667  it was acquired for destruction or reprocessing.
  668         (6) Medical gas, its container, or its associated
  669  documentation or labeling that is suspected of being used in
  670  criminal activity must be retained until its disposition is
  671  authorized by the department or an applicable law enforcement
  672  agency.
  673         Section 13. Section 499.88, Florida Statutes, is created to
  674  read:
  675         499.88Due diligence.
  676         (1) A wholesale distributor shall obtain, before the
  677  initial acquisition of medical gas, the following information
  678  from the supplying wholesale distributor or manufacturer:
  679         (a) If a manufacturer is distributing to a wholesale
  680  distributor, evidence that the manufacturer is registered and
  681  the medical gas is listed with the FDA;
  682         (b) If a wholesale distributor is distributing to a
  683  wholesale distributor, evidence that the wholesale distributor
  684  supplying the medical gas is permitted to distribute medical gas
  685  within or into the state;
  686         (c) The name of the contact person for the supplying
  687  manufacturer or wholesale distributor; and
  688         (d) Certification that the manufacturer’s or wholesale
  689  distributor’s policies and procedures comply with this part.
  690         (2) A wholesale distributor is exempt from obtaining the
  691  information from a manufacturer as required under subsection (1)
  692  if the manufacturer is registered with the FDA in accordance
  693  with s. 510 of the federal act and provides:
  694         (a) Proof of such registration; and
  695         (b) Proof of inspection within the past 3 years by the FDA
  696  or other regulatory body or proof of conformance with industry
  697  standards or guidelines as identified by the department.
  698         (3) A manufacturer or wholesale distributor that
  699  distributes to or acquires medical gas from another wholesale
  700  distributor shall provide to or obtain from the distributing or
  701  acquiring manufacturer or distributor the information required
  702  by s. 499.89(1), as applicable.
  703         Section 14. Section 499.89, Florida Statutes, is created to
  704  read:
  705         499.89Recordkeeping.—
  706         (1) A wholesale distributor shall establish and maintain a
  707  record of transactions regarding the receipt and the
  708  distribution, or other disposition, of medical gases. Such
  709  records constitute an audit trail and must contain information
  710  sufficient to perform a recall of medical gas in compliance with
  711  21 C.F.R. s. 211.196 and 21 C.F.R. s. 820.160(b). Such records
  712  must include all the following information, which need not
  713  appear in the same document:
  714         (a) The dates of receipt and wholesale distribution, or
  715  other disposition, of the medical gas.
  716         (b) The name, address, permit number, and permit expiration
  717  date for the entity purchasing the medical gas from the
  718  wholesale distributor.
  719         (c) The name, address, permit number, and permit expiration
  720  date for the entity receiving the medical gas from the wholesale
  721  distributor, if different from the information required under
  722  paragraph (b).
  723         (d) Information sufficient to perform a recall of all
  724  medical gas received or distributed.
  725         (2) From the time of their creation, such records shall be
  726  kept for 3 years for high pressure medical gas and for 1 year
  727  for cryogenic or refrigerated liquid medical gas.
  728         (3) During the retention period, such records shall be made
  729  available for inspection and photocopying by an authorized
  730  official of a state, federal, or local governmental agency. If
  731  such records are kept at the inspection site or could be
  732  immediately retrieved by electronic means, they shall be made
  733  readily available for authorized inspection during the retention
  734  period. Records kept at a central location apart from the
  735  inspection site and not electronically retrievable shall be made
  736  available for inspection within 2 business days of a request.
  737         (4) A pedigree paper is not required for the wholesale
  738  distribution of medical gas.
  739         Section 15. Section 499.90, Florida Statutes, is created to
  740  read:
  741         499.90Policies and procedures.—A wholesale distributor
  742  shall establish, maintain, and adhere to written policies and
  743  procedures for the receipt, security, storage, transport,
  744  shipping, and wholesale distribution of medical gas and shall
  745  establish, maintain, and adhere to procedures for maintaining
  746  inventories; for identifying, recording, and reporting losses or
  747  thefts; and for correcting all errors and inaccuracies in
  748  inventories associated with nitrous oxide. A wholesale
  749  distributor shall include in its written policies and procedures
  750  the following:
  751         (1) A procedure for handling recalls and withdrawals of
  752  medical gas. Such procedure must deal with recalls and
  753  withdrawals due to:
  754         (a) Action initiated at the request of the FDA or any
  755  federal, state, or local law enforcement or other government
  756  agency, including the department; or
  757         (b) Voluntary action by the manufacturer of medical gas to
  758  remove defective or potentially defective medical gases from the
  759  market.
  760         (2) A procedure preparing for, protecting against, and
  761  handling a crisis that affects the security or operation of a
  762  facility in the event of a strike, fire, flood, or other natural
  763  disaster or other situations of local, state, or national
  764  emergency.
  765         (3) A procedure for reporting criminal or suspected
  766  criminal activity involving the inventory of nitrous oxide to
  767  the department and to applicable law enforcement agencies within
  768  3 business days after becoming aware of the criminal or
  769  suspected criminal activity.
  770         Section 16. Section 499.91, Florida Statutes, is created to
  771  read:
  772         499.91Prohibited acts.—A person may not perform or cause
  773  the performance of, or aid and abet in, any of the following
  774  acts in this state:
  775         (1) The manufacture, sale, or delivery, or the holding or
  776  offering for sale, of medical gas that is adulterated,
  777  misbranded, or has otherwise been rendered unfit for
  778  distribution.
  779         (2) The adulteration or misbranding of medical gas.
  780         (3) The receipt of medical gas that is adulterated,
  781  misbranded, stolen, or obtained by fraud or deceit or the
  782  delivery or proffered delivery of such medical gas for pay or
  783  otherwise.
  784         (4) The alteration, mutilation, destruction, obliteration,
  785  or removal of the whole or any part of the product labeling of
  786  medical gas or the willful commission of any other act with
  787  respect to medical gas that results in it being misbranded.
  788         (5) The purchase or receipt of medical gas from a person
  789  who is not authorized by permit to distribute wholesale medical
  790  gas or who is exempted from permitting requirements to
  791  distribute wholesale medical gas to such purchaser or recipient.
  792         (6) The knowing and willful sale or transfer of medical gas
  793  to a recipient who is not legally authorized to receive medical
  794  gas, except for limited distributions of medical oxygen as
  795  necessary to protect the health, safety, or welfare of a patient
  796  in his or her home.
  797         (7) The failure to maintain or provide records required
  798  under this part and its implementing regulations.
  799         (8) Providing the department or any of its representatives
  800  or any state or federal official with false or fraudulent
  801  records or making false or fraudulent statements regarding this
  802  part and its implementing regulations.
  803         (9) The wholesale distribution of medical gas that was:
  804         (a)Purchased by a public or private hospital or other
  805  health care entity, except for the physical distribution of such
  806  medical gas to an authorized recipient at the direction of a
  807  hospital or other health care entity;
  808         (b) Donated or supplied at a reduced price to a charitable
  809  organization; or
  810         (c) Stolen or obtained by fraud or deceit.
  811         (10) The failure to obtain a permit or operating without a
  812  valid permit when a permit is required.
  813         (11) The obtaining of or attempt to obtain medical gas by
  814  fraud, deceit, or misrepresentation or engaging in
  815  misrepresentation or fraud in the distribution of medical gas.
  816         (12) Except for oxygen USP in emergency situations, the
  817  distribution of medical gas to a patient without an order or
  818  prescription from a licensed practitioner authorized by law to
  819  prescribe.
  820         (13) The distribution of medical gas that was previously
  821  dispensed by a pharmacy or a licensed practitioner authorized by
  822  law to prescribe.
  823         (14) The distribution of medical gas or medical gas-related
  824  equipment to a patient, unless the patient has been provided
  825  with the appropriate information and counseling on the use,
  826  storage, and disposal of medical gas.
  827         (15) The failure to report an act prohibited under this
  828  part and its implementing regulations.
  829         (16) The failure to exercise due diligence as provided in
  830  s. 499.88.
  831         Section 17. Section 499.92, Florida Statutes, is created to
  832  read:
  833         499.92Criminal acts.—
  834         (1) A person commits a felony of the third degree,
  835  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  836  if he or she:
  837         (a) With intent to defraud or deceive adulterates or
  838  misbrands medical gas.
  839         (b) Engages in the wholesale distribution of, and knowingly
  840  purchases or receives, medical gas from a person not legally
  841  authorized to distribute medical gas.
  842         (c) Engages in the wholesale distribution of, and knowingly
  843  sells, barters, brokers, or transfers, medical gas to a person
  844  not legally authorized to purchase medical gas in the
  845  jurisdiction in which the person receives the medical gas.
  846         (d) Knowingly, falsely creates a label for medical gas or
  847  knowingly, falsely represents a factual matter contained in a
  848  label for medical gas.
  849         (2) A court that has authority over a person who violates
  850  this section and that convicts such person shall order him or
  851  her to forfeit to the state real or personal property or assets:
  852         (a) Used or intended to be used to commit, facilitate, or
  853  promote the commission of such violation; and
  854         (b) Constituting, derived from, or traceable to the gross
  855  proceeds that the defendant obtained as a result of the
  856  violation.
  857         (3) Property or assets subject to forfeiture under
  858  subsection (2) may be seized pursuant to a warrant obtained in
  859  the same manner as a search warrant or as otherwise authorized
  860  by law and held until the case against the defendant is
  861  adjudicated. Moneys ordered to be forfeited or proceeds from the
  862  sale of assets ordered to be forfeited shall be equitably
  863  divided between the department and agencies involved in the
  864  investigation and prosecution that led to the conviction. Other
  865  property ordered to be forfeited after conviction of a defendant
  866  may, at the discretion of the investigating agencies, be placed
  867  into official use by the department or the agencies involved in
  868  the investigation and prosecution.
  869         Section 18. Section 499.93, Florida Statutes, is created to
  870  read:
  871         499.93Inspections.—
  872         (1) The department may require a facility that engages in
  873  the manufacture or wholesale distribution of medical gas to
  874  undergo an inspection in accordance with a schedule to be
  875  determined by the department.
  876         (2) The department may recognize other state inspections of
  877  a manufacturer or wholesale distributor in another state if such
  878  state’s laws are deemed to be substantially equivalent to the
  879  laws of this state.
  880         (3) A manufacturing facility is exempt from inspection by
  881  the department if the facility:
  882         (a) Is currently registered with the FDA in accordance with
  883  s. 510 of the federal act and can provide proof of such
  884  registration, such as a copy of the online verification page;
  885  and
  886         (b) Can provide proof of inspection within the past 3 years
  887  by the FDA or, if the facility is located in another state, by
  888  another governmental entity charged with regulation of good
  889  manufacturing practices related to medical gas.
  890         (4) A wholesale distributor must exhibit or have readily
  891  available its state permits and its most recent inspection
  892  report administered by the department. The department may
  893  authorize a third party to inspect wholesale distributors who
  894  distribute within or into this state.
  895         (5) The department shall ensure that information obtained
  896  during the inspection process which is identified by the
  897  establishment being inspected as a trade secret, as defined in
  898  s. 812.081, is maintained by the department and remains
  899  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  900  of the State Constitution for as long as the information is
  901  retained by the department.
  902         Section 19. Section 499.94, Florida Statutes, is created to
  903  read:
  904         499.94Fees.—A fee collected for a permit under this part
  905  shall be deposited into the Professional Regulation Trust Fund.
  906  Moneys collected under this part shall be used for administering
  907  this part. The department shall maintain a separate account in
  908  the trust fund for the Drugs, Devices, and Cosmetics program.
  909         Section 20. Section 499.95, Florida Statues, is created to
  910  read:
  911         499.95Enforcement and construction of this part.—
  912         (1) For the purpose of initiating an investigation or
  913  proceeding under this part, the department may administer oaths,
  914  take depositions, issue and serve subpoenas, and compel the
  915  attendance of witnesses and the production of books, papers,
  916  documents, or other evidence. Challenges to, and enforcement of,
  917  a subpoena and an order shall be conducted in accordance with s.
  918  120.569.
  919         (2) A state, county, or municipal attorney to whom the
  920  department or its designated agent reports a violation of this
  921  part shall timely institute proceedings in the court of
  922  competent jurisdiction and shall prosecute in the manner
  923  required by law.
  924         (3) The department is not required to report minor
  925  violations to a state, county, or municipal attorney if the
  926  department determines that the public interest is best served by
  927  issuance of a written notice or warning to the violator.
  928         (4) This part is cumulative and does not repeal or affect
  929  the power, duty, or authority of the department. However,
  930  relating to the regulation of medical gas, if this part
  931  conflicts with other law, this part controls.
  932         Section 21. Section 499.001, Florida Statutes, is amended
  933  to read:
  934         499.001 Florida Drug and Cosmetic Act; short title.
  935  Sections 499.001-499.95 499.001-499.081 may be cited as the
  936  “Florida Drug and Cosmetic Act.”
  937         Section 22. Present subsections (11) through (32) and (46)
  938  through (55) of section 499.003, Florida Statutes, are amended,
  939  and a new subsection (32) is added to that section, to read:
  940         499.003 Definitions of terms used in this part.—As used in
  941  this part, the term:
  942         (11) “Compressed medical gas” means any liquefied or
  943  vaporized gas that is a prescription drug, whether it is alone
  944  or in combination with other gases.
  945         (11)(12) “Contraband prescription drug” means any
  946  adulterated drug, as defined in s. 499.006, any counterfeit
  947  drug, as defined in this section, and also means any
  948  prescription drug for which a pedigree paper does not exist, or
  949  for which the pedigree paper in existence has been forged,
  950  counterfeited, falsely created, or contains any altered, false,
  951  or misrepresented matter.
  952         (12)(13) “Cosmetic” means an article, with the exception of
  953  soap, that is:
  954         (a) Intended to be rubbed, poured, sprinkled, or sprayed
  955  on; introduced into; or otherwise applied to the human body or
  956  any part thereof for cleansing, beautifying, promoting
  957  attractiveness, or altering the appearance; or
  958         (b) Intended for use as a component of any such article.
  959         (13)(14) “Counterfeit drug,” “counterfeit device,” or
  960  “counterfeit cosmetic” means a drug, device, or cosmetic which,
  961  or the container, seal, or labeling of which, without
  962  authorization, bears the trademark, trade name, or other
  963  identifying mark, imprint, or device, or any likeness thereof,
  964  of a drug, device, or cosmetic manufacturer, processor, packer,
  965  or distributor other than the person that in fact manufactured,
  966  processed, packed, or distributed that drug, device, or cosmetic
  967  and which thereby falsely purports or is represented to be the
  968  product of, or to have been packed or distributed by, that other
  969  drug, device, or cosmetic manufacturer, processor, packer, or
  970  distributor.
  971         (14)(15) “Department” means the Department of Business and
  972  Professional Regulation.
  973         (15)(16) “Device” means any instrument, apparatus,
  974  implement, machine, contrivance, implant, in vitro reagent, or
  975  other similar or related article, including its components,
  976  parts, or accessories, which is:
  977         (a) Recognized in the current edition of the United States
  978  Pharmacopoeia and National Formulary, or any supplement
  979  thereof;,
  980         (b) Intended for use in the diagnosis, cure, mitigation,
  981  treatment, therapy, or prevention of disease in humans or other
  982  animals;, or
  983         (c) Intended to affect the structure or any function of the
  984  body of humans or other animals,
  985  
  986  and that does not achieve any of its principal intended purposes
  987  through chemical action within or on the body of humans or other
  988  animals and which is not dependent upon being metabolized for
  989  the achievement of any of its principal intended purposes.
  990         (16)(17) “Distribute” or “distribution” means to sell;
  991  offer to sell; give away; transfer, whether by passage of title,
  992  physical movement, or both; deliver; or offer to deliver. The
  993  term does not mean to administer or dispense and does not
  994  include the billing and invoicing activities that commonly
  995  follow a wholesale distribution transaction.
  996         (17)(18) “Drop shipment” means the sale of a prescription
  997  drug from a manufacturer to a wholesale distributor, where the
  998  wholesale distributor takes title to, but not possession of, the
  999  prescription drug, and the manufacturer of the prescription drug
 1000  ships the prescription drug directly to a chain pharmacy
 1001  warehouse or a person authorized by law to purchase prescription
 1002  drugs for the purpose of administering or dispensing the drug,
 1003  as defined in s. 465.003.
 1004         (18)(19) “Drug” means an article that is:
 1005         (a) Recognized in the current edition of the United States
 1006  Pharmacopoeia and National Formulary, official Homeopathic
 1007  Pharmacopoeia of the United States, or any supplement to any of
 1008  those publications;
 1009         (b) Intended for use in the diagnosis, cure, mitigation,
 1010  treatment, therapy, or prevention of disease in humans or other
 1011  animals;
 1012         (c) Intended to affect the structure or any function of the
 1013  body of humans or other animals; or
 1014         (d) Intended for use as a component of any article
 1015  specified in paragraph (a), paragraph (b), or paragraph (c), and
 1016  includes active pharmaceutical ingredients, but does not include
 1017  devices or their nondrug components, parts, or accessories. For
 1018  purposes of this paragraph, an “active pharmaceutical
 1019  ingredient” includes any substance or mixture of substances
 1020  intended, represented, or labeled for use in drug manufacturing
 1021  that furnishes or is intended to furnish, in a finished dosage
 1022  form, any pharmacological activity or other direct effect in the
 1023  diagnosis, cure, mitigation, treatment, therapy, or prevention
 1024  of disease in humans or other animals, or to affect the
 1025  structure or any function of the body of humans or other
 1026  animals.
 1027         (19)(20) “Establishment” means a place of business which is
 1028  at one general physical location and may extend to one or more
 1029  contiguous suites, units, floors, or buildings operated and
 1030  controlled exclusively by entities under common operation and
 1031  control. Where multiple buildings are under common exclusive
 1032  ownership, operation, and control, an intervening thoroughfare
 1033  does not affect the contiguous nature of the buildings. For
 1034  purposes of permitting, each suite, unit, floor, or building
 1035  must be identified in the most recent permit application.
 1036         (20)(21) “Federal act” means the Federal Food, Drug, and
 1037  Cosmetic Act, 21 U.S.C. ss. 301 et seq.; 52 Stat. 1040 et seq.
 1038         (21)(22) “Freight forwarder” means a person who receives
 1039  prescription drugs which are owned by another person and
 1040  designated by that person for export, and exports those
 1041  prescription drugs.
 1042         (22)(23) “Health care entity” means a closed pharmacy or
 1043  any person, organization, or business entity that provides
 1044  diagnostic, medical, surgical, or dental treatment or care, or
 1045  chronic or rehabilitative care, but does not include any
 1046  wholesale distributor or retail pharmacy licensed under state
 1047  law to deal in prescription drugs. However, a blood
 1048  establishment is a health care entity that may engage in the
 1049  wholesale distribution of prescription drugs under s.
 1050  499.01(2)(g)1.c.
 1051         (23)(24) “Health care facility” means a health care
 1052  facility licensed under chapter 395.
 1053         (24)(25) “Hospice” means a corporation licensed under part
 1054  IV of chapter 400.
 1055         (25)(26) “Hospital” means a facility as defined in s.
 1056  395.002 and licensed under chapter 395.
 1057         (26)(27) “Immediate container” does not include package
 1058  liners.
 1059         (27)(28) “Label” means a display of written, printed, or
 1060  graphic matter upon the immediate container of any drug, device,
 1061  or cosmetic. A requirement made by or under authority of this
 1062  part or rules adopted under this part that any word, statement,
 1063  or other information appear on the label is not complied with
 1064  unless such word, statement, or other information also appears
 1065  on the outside container or wrapper, if any, of the retail
 1066  package of such drug, device, or cosmetic or is easily legible
 1067  through the outside container or wrapper.
 1068         (28)(29) “Labeling” means all labels and other written,
 1069  printed, or graphic matters:
 1070         (a) Upon a drug, device, or cosmetic, or any of its
 1071  containers or wrappers; or
 1072         (b) Accompanying or related to such drug, device, or
 1073  cosmetic.
 1074         (29)(30) “Manufacture” means the preparation, deriving,
 1075  compounding, propagation, processing, producing, or fabrication
 1076  of any drug, device, or cosmetic.
 1077         (30)(31) “Manufacturer” means:
 1078         (a) A person who prepares, derives, manufactures, or
 1079  produces a drug, device, or cosmetic;
 1080         (b) The holder or holders of a New Drug Application (NDA),
 1081  an Abbreviated New Drug Application (ANDA), a Biologics License
 1082  Application (BLA), or a New Animal Drug Application (NADA),
 1083  provided such application has become effective or is otherwise
 1084  approved consistent with s. 499.023;
 1085         (c) A private label distributor for whom the private label
 1086  distributor’s prescription drugs are originally manufactured and
 1087  labeled for the distributor and have not been repackaged;
 1088         (d) A person registered under the federal act as a
 1089  manufacturer of a prescription drug, who is described in
 1090  paragraph (a), paragraph (b), or paragraph (c), who has entered
 1091  into a written agreement with another prescription drug
 1092  manufacturer that authorizes either manufacturer to distribute
 1093  the prescription drug identified in the agreement as the
 1094  manufacturer of that drug consistent with the federal act and
 1095  its implementing regulations;
 1096         (e) A member of an affiliated group that includes, but is
 1097  not limited to, persons described in paragraph (a), paragraph
 1098  (b), paragraph (c), or paragraph (d), which member distributes
 1099  prescription drugs, whether or not obtaining title to the drugs,
 1100  only for the manufacturer of the drugs who is also a member of
 1101  the affiliated group. As used in this paragraph, the term
 1102  “affiliated group” means an affiliated group as defined in s.
 1103  1504 of the Internal Revenue Code of 1986, as amended. The
 1104  manufacturer must disclose the names of all of its affiliated
 1105  group members to the department; or
 1106         (f) A person permitted as a third party logistics provider,
 1107  only while providing warehousing, distribution, or other
 1108  logistics services on behalf of a person described in paragraph
 1109  (a), paragraph (b), paragraph (c), paragraph (d), or paragraph
 1110  (e).
 1111  
 1112  The term does not include a pharmacy that is operating in
 1113  compliance with pharmacy practice standards as defined in
 1114  chapter 465 and rules adopted under that chapter.
 1115         (31)(32) “Medical convenience kit” means packages or units
 1116  that contain combination products as defined in 21 C.F.R. s.
 1117  3.2(e)(2).
 1118         (32) “Medical gas” is defined in accordance with the
 1119  federal act and means a liquefied or vaporized gas that is a
 1120  prescription drug, regardless of whether it is alone or combined
 1121  with other gases.
 1122         (46) “Prescription medical oxygen” means oxygen USP which
 1123  is a drug that can only be sold on the order or prescription of
 1124  a practitioner authorized by law to prescribe. The label of
 1125  prescription medical oxygen must comply with current labeling
 1126  requirements for oxygen under the Federal Food, Drug, and
 1127  Cosmetic Act.
 1128         (47) “Primary wholesale distributor” means any wholesale
 1129  distributor that:
 1130         (a) Purchased 90 percent or more of the total dollar volume
 1131  of its purchases of prescription drugs directly from
 1132  manufacturers in the previous year; and
 1133         (b)1. Directly purchased prescription drugs from not fewer
 1134  than 50 different prescription drug manufacturers in the
 1135  previous year; or
 1136         2. Has, or the affiliated group, as defined in s. 1504 of
 1137  the Internal Revenue Code, of which the wholesale distributor is
 1138  a member has, not fewer than 250 employees.
 1139         (c) For purposes of this subsection, “directly from
 1140  manufacturers” means:
 1141         1. Purchases made by the wholesale distributor directly
 1142  from the manufacturer of prescription drugs; and
 1143         2. Transfers from a member of an affiliated group, as
 1144  defined in s. 1504 of the Internal Revenue Code, of which the
 1145  wholesale distributor is a member, if:
 1146         a. The affiliated group purchases 90 percent or more of the
 1147  total dollar volume of its purchases of prescription drugs from
 1148  the manufacturer in the previous year; and
 1149         b. The wholesale distributor discloses to the department
 1150  the names of all members of the affiliated group of which the
 1151  wholesale distributor is a member and the affiliated group
 1152  agrees in writing to provide records on prescription drug
 1153  purchases by the members of the affiliated group not later than
 1154  48 hours after the department requests access to such records,
 1155  regardless of the location where the records are stored.
 1156         (47)(48) “Proprietary drug,” or “OTC drug,” means a patent
 1157  or over-the-counter drug in its unbroken, original package,
 1158  which drug is sold to the public by, or under the authority of,
 1159  the manufacturer or primary distributor thereof, is not
 1160  misbranded under the provisions of this part, and can be
 1161  purchased without a prescription.
 1162         (48)(49) “Repackage” includes repacking or otherwise
 1163  changing the container, wrapper, or labeling to further the
 1164  distribution of the drug, device, or cosmetic.
 1165         (49)(50) “Repackager” means a person who repackages. The
 1166  term excludes pharmacies that are operating in compliance with
 1167  pharmacy practice standards as defined in chapter 465 and rules
 1168  adopted under that chapter.
 1169         (50)(51) “Retail pharmacy” means a community pharmacy
 1170  licensed under chapter 465 that purchases prescription drugs at
 1171  fair market prices and provides prescription services to the
 1172  public.
 1173         (51)(52) “Secondary wholesale distributor” means a
 1174  wholesale distributor that is not a primary wholesale
 1175  distributor.
 1176         (52)(53) “Veterinary prescription drug” means a
 1177  prescription drug intended solely for veterinary use. The label
 1178  of the drug must bear the statement, “Caution: Federal law
 1179  restricts this drug to sale by or on the order of a licensed
 1180  veterinarian.”
 1181         (53)(54) “Wholesale distribution” means distribution of
 1182  prescription drugs to persons other than a consumer or patient,
 1183  but does not include:
 1184         (a) Any of the following activities, which is not a
 1185  violation of s. 499.005(21) if such activity is conducted in
 1186  accordance with s. 499.01(2)(g):
 1187         1. The purchase or other acquisition by a hospital or other
 1188  health care entity that is a member of a group purchasing
 1189  organization of a prescription drug for its own use from the
 1190  group purchasing organization or from other hospitals or health
 1191  care entities that are members of that organization.
 1192         2. The sale, purchase, or trade of a prescription drug or
 1193  an offer to sell, purchase, or trade a prescription drug by a
 1194  charitable organization described in s. 501(c)(3) of the
 1195  Internal Revenue Code of 1986, as amended and revised, to a
 1196  nonprofit affiliate of the organization to the extent otherwise
 1197  permitted by law.
 1198         3. The sale, purchase, or trade of a prescription drug or
 1199  an offer to sell, purchase, or trade a prescription drug among
 1200  hospitals or other health care entities that are under common
 1201  control. For purposes of this subparagraph, “common control”
 1202  means the power to direct or cause the direction of the
 1203  management and policies of a person or an organization, whether
 1204  by ownership of stock, by voting rights, by contract, or
 1205  otherwise.
 1206         4. The sale, purchase, trade, or other transfer of a
 1207  prescription drug from or for any federal, state, or local
 1208  government agency or any entity eligible to purchase
 1209  prescription drugs at public health services prices pursuant to
 1210  Pub. L. No. 102-585, s. 602 to a contract provider or its
 1211  subcontractor for eligible patients of the agency or entity
 1212  under the following conditions:
 1213         a. The agency or entity must obtain written authorization
 1214  for the sale, purchase, trade, or other transfer of a
 1215  prescription drug under this subparagraph from the Secretary of
 1216  Business and Professional Regulation or his or her designee.
 1217         b. The contract provider or subcontractor must be
 1218  authorized by law to administer or dispense prescription drugs.
 1219         c. In the case of a subcontractor, the agency or entity
 1220  must be a party to and execute the subcontract.
 1221         d. The contract provider and subcontractor must maintain
 1222  and produce immediately for inspection all records of movement
 1223  or transfer of all the prescription drugs belonging to the
 1224  agency or entity, including, but not limited to, the records of
 1225  receipt and disposition of prescription drugs. Each contractor
 1226  and subcontractor dispensing or administering these drugs must
 1227  maintain and produce records documenting the dispensing or
 1228  administration. Records that are required to be maintained
 1229  include, but are not limited to, a perpetual inventory itemizing
 1230  drugs received and drugs dispensed by prescription number or
 1231  administered by patient identifier, which must be submitted to
 1232  the agency or entity quarterly.
 1233         e. The contract provider or subcontractor may administer or
 1234  dispense the prescription drugs only to the eligible patients of
 1235  the agency or entity or must return the prescription drugs for
 1236  or to the agency or entity. The contract provider or
 1237  subcontractor must require proof from each person seeking to
 1238  fill a prescription or obtain treatment that the person is an
 1239  eligible patient of the agency or entity and must, at a minimum,
 1240  maintain a copy of this proof as part of the records of the
 1241  contractor or subcontractor required under sub-subparagraph d.
 1242         f. In addition to the departmental inspection authority
 1243  described set forth in s. 499.051, the establishment of the
 1244  contract provider and subcontractor and all records pertaining
 1245  to prescription drugs subject to this subparagraph shall be
 1246  subject to inspection by the agency or entity. All records
 1247  relating to prescription drugs of a manufacturer under this
 1248  subparagraph shall be subject to audit by the manufacturer of
 1249  those drugs, without identifying individual patient information.
 1250         (b) Any of the following activities, which is not a
 1251  violation of s. 499.005(21) if such activity is conducted in
 1252  accordance with rules established by the department:
 1253         1. The sale, purchase, or trade of a prescription drug
 1254  among federal, state, or local government health care entities
 1255  that are under common control and are authorized to purchase
 1256  such prescription drug.
 1257         2. The sale, purchase, or trade of a prescription drug or
 1258  an offer to sell, purchase, or trade a prescription drug for
 1259  emergency medical reasons. For purposes of this subparagraph,
 1260  the term “emergency medical reasons” includes transfers of
 1261  prescription drugs by a retail pharmacy to another retail
 1262  pharmacy to alleviate a temporary shortage.
 1263         3. The transfer of a prescription drug acquired by a
 1264  medical director on behalf of a licensed emergency medical
 1265  services provider to that emergency medical services provider
 1266  and its transport vehicles for use in accordance with the
 1267  provider’s license under chapter 401.
 1268         4. The revocation of a sale or the return of a prescription
 1269  drug to the person’s prescription drug wholesale supplier.
 1270         5. The donation of a prescription drug by a health care
 1271  entity to a charitable organization that has been granted an
 1272  exemption under s. 501(c)(3) of the Internal Revenue Code of
 1273  1986, as amended, and that is authorized to possess prescription
 1274  drugs.
 1275         6. The transfer of a prescription drug by a person
 1276  authorized to purchase or receive prescription drugs to a person
 1277  licensed or permitted to handle reverse distributions or
 1278  destruction under the laws of the jurisdiction in which the
 1279  person handling the reverse distribution or destruction receives
 1280  the drug.
 1281         7. The transfer of a prescription drug by a hospital or
 1282  other health care entity to a person licensed under this part to
 1283  repackage prescription drugs for the purpose of repackaging the
 1284  prescription drug for use by that hospital, or other health care
 1285  entity and other health care entities that are under common
 1286  control, if ownership of the prescription drugs remains with the
 1287  hospital or other health care entity at all times. In addition
 1288  to the recordkeeping requirements of s. 499.0121(6), the
 1289  hospital or health care entity that transfers prescription drugs
 1290  pursuant to this subparagraph must reconcile all drugs
 1291  transferred and returned and resolve any discrepancies in a
 1292  timely manner.
 1293         (c) The distribution of prescription drug samples by
 1294  manufacturers’ representatives or distributors’ representatives
 1295  conducted in accordance with s. 499.028.
 1296         (d) The sale, purchase, or trade of blood and blood
 1297  components intended for transfusion. As used in this paragraph,
 1298  the term “blood” means whole blood collected from a single donor
 1299  and processed for transfusion or further manufacturing, and the
 1300  term “blood components” means that part of the blood separated
 1301  by physical or mechanical means.
 1302         (e) The lawful dispensing of a prescription drug in
 1303  accordance with chapter 465.
 1304         (f) The sale, purchase, or trade of a prescription drug
 1305  between pharmacies as a result of a sale, transfer, merger, or
 1306  consolidation of all or part of the business of the pharmacies
 1307  from or with another pharmacy, whether accomplished as a
 1308  purchase and sale of stock or of business assets.
 1309         (54)(55) “Wholesale distributor” means any person engaged
 1310  in wholesale distribution of prescription drugs in or into this
 1311  state, including, but not limited to, manufacturers;
 1312  repackagers; own-label distributors; jobbers; private-label
 1313  distributors; brokers; warehouses, including manufacturers’ and
 1314  distributors’ warehouses, chain drug warehouses, and wholesale
 1315  drug warehouses; independent wholesale drug traders; exporters;
 1316  retail pharmacies; and the agents thereof that conduct wholesale
 1317  distributions.
 1318         Section 23. Paragraph (a) of subsection (1) of section
 1319  409.9201, Florida Statutes, is amended to read:
 1320         409.9201 Medicaid fraud.—
 1321         (1) As used in this section, the term:
 1322         (a) “Prescription drug” means any drug, including, but not
 1323  limited to, finished dosage forms or active ingredients that are
 1324  subject to, defined in by, or described in by s. 503(b) of the
 1325  Federal Food, Drug, and Cosmetic Act or in by s. 465.003(8), s.
 1326  499.003(52), s. 499.003(46) or (53) or s. 499.007(13).
 1327  
 1328  The value of individual items of the legend drugs or goods or
 1329  services involved in distinct transactions committed during a
 1330  single scheme or course of conduct, whether involving a single
 1331  person or several persons, may be aggregated when determining
 1332  the punishment for the offense.
 1333         Section 24. Paragraph (c) of subsection (9) of section
 1334  460.403, Florida Statutes, is amended to read:
 1335         460.403 Definitions.—As used in this chapter, the term:
 1336         (9)
 1337         (c)1. Chiropractic physicians may adjust, manipulate, or
 1338  treat the human body by manual, mechanical, electrical, or
 1339  natural methods; by the use of physical means or physiotherapy,
 1340  including light, heat, water, or exercise; by the use of
 1341  acupuncture; or by the administration of foods, food
 1342  concentrates, food extracts, and items for which a prescription
 1343  is not required and may apply first aid and hygiene, but
 1344  chiropractic physicians are expressly prohibited from
 1345  prescribing or administering to any person any legend drug
 1346  except as authorized under subparagraph 2., from performing any
 1347  surgery except as stated herein, or from practicing obstetrics.
 1348         2. Notwithstanding the prohibition against prescribing and
 1349  administering legend drugs under subparagraph 1. or s.
 1350  499.82(7)(c) s. 499.01(2)(m), pursuant to board rule
 1351  chiropractic physicians may order, store, and administer, for
 1352  emergency purposes only at the chiropractic physician’s office
 1353  or place of business, prescription medical oxygen and may also
 1354  order, store, and administer the following topical anesthetics
 1355  in aerosol form:
 1356         a. Any solution consisting of 25 percent ethylchloride and
 1357  75 percent dichlorodifluoromethane.
 1358         b. Any solution consisting of 15 percent
 1359  dichlorodifluoromethane and 85 percent
 1360  trichloromonofluoromethane.
 1361  
 1362  However, this paragraph does not authorize a chiropractic
 1363  physician to prescribe medical oxygen as defined in chapter 499.
 1364         Section 25. Subsection (3) of section 465.0265, Florida
 1365  Statutes, is amended to read:
 1366         465.0265 Centralized prescription filling.—
 1367         (3) The filling, delivery, and return of a prescription by
 1368  one pharmacy for another pursuant to this section may shall not
 1369  be construed as the filling of a transferred prescription as
 1370  described set forth in s. 465.026 or as a wholesale distribution
 1371  as defined set forth in s. 499.003 s. 499.003(54).
 1372         Section 26. Subsection (1), paragraphs (a), (c), (g), (m),
 1373  (n), and (o) of subsection (2), and subsection (5) of section
 1374  499.01, Florida Statutes, are amended to read:
 1375         499.01 Permits.—
 1376         (1) Before Prior to operating, a permit is required for
 1377  each person and establishment that intends to operate as:
 1378         (a) A prescription drug manufacturer;
 1379         (b) A prescription drug repackager;
 1380         (c) A nonresident prescription drug manufacturer;
 1381         (d) A prescription drug wholesale distributor;
 1382         (e) An out-of-state prescription drug wholesale
 1383  distributor;
 1384         (f) A retail pharmacy drug wholesale distributor;
 1385         (g) A restricted prescription drug distributor;
 1386         (h) A complimentary drug distributor;
 1387         (i) A freight forwarder;
 1388         (j) A veterinary prescription drug retail establishment;
 1389         (k) A veterinary prescription drug wholesale distributor;
 1390         (l) A limited prescription drug veterinary wholesale
 1391  distributor;
 1392         (m) A medical oxygen retail establishment;
 1393         (n) A compressed medical gas wholesale distributor;
 1394         (o) A compressed medical gas manufacturer;
 1395         (m)(p) An over-the-counter drug manufacturer;
 1396         (n)(q) A device manufacturer;
 1397         (o)(r) A cosmetic manufacturer;
 1398         (p)(s) A third party logistics provider; or
 1399         (q)(t) A health care clinic establishment.
 1400         (2) The following permits are established:
 1401         (a) Prescription drug manufacturer permit.—A prescription
 1402  drug manufacturer permit is required for any person that is a
 1403  manufacturer of a prescription drug and that manufactures or
 1404  distributes such prescription drugs in this state.
 1405         1. A person that operates an establishment permitted as a
 1406  prescription drug manufacturer may engage in wholesale
 1407  distribution of prescription drugs manufactured at that
 1408  establishment and must comply with all of the provisions of this
 1409  part, except s. 499.01212, and the rules adopted under this
 1410  part, except s. 499.01212, which apply to a wholesale
 1411  distributor.
 1412         2. A prescription drug manufacturer must comply with all
 1413  appropriate state and federal good manufacturing practices.
 1414         3. A blood establishment, as defined in s. 381.06014,
 1415  operating in a manner consistent with the provisions of 21
 1416  C.F.R. parts 211 and 600-640, and manufacturing only the
 1417  prescription drugs described in s. 499.003(53)(d) s.
 1418  499.003(54)(d) is not required to be permitted as a prescription
 1419  drug manufacturer under this paragraph or to register products
 1420  under s. 499.015.
 1421         (c) Nonresident prescription drug manufacturer permit.—A
 1422  nonresident prescription drug manufacturer permit is required
 1423  for any person that is a manufacturer of prescription drugs,
 1424  unless permitted as a third party logistics provider, located
 1425  outside of this state or outside the United States and that
 1426  engages in the wholesale distribution in this state of such
 1427  prescription drugs. Each such manufacturer must be permitted by
 1428  the department and comply with all of the provisions required of
 1429  a wholesale distributor under this part, except s. 499.01212.
 1430         1. A person that distributes prescription drugs for which
 1431  the person is not the manufacturer must also obtain an out-of
 1432  state prescription drug wholesale distributor permit or third
 1433  party logistics provider permit pursuant to this section to
 1434  engage in the wholesale distribution of such prescription drugs.
 1435  This subparagraph does not apply to a manufacturer as defined in
 1436  s. 499.003(30)(e) s. 499.003(31)(e).
 1437         2. Any such person must comply with the licensing or
 1438  permitting requirements of the jurisdiction in which the
 1439  establishment is located and the federal act, and any product
 1440  wholesaled into this state must comply with this part. If a
 1441  person intends to import prescription drugs from a foreign
 1442  country into this state, the nonresident prescription drug
 1443  manufacturer must provide to the department a list identifying
 1444  each prescription drug it intends to import and document
 1445  approval by the United States Food and Drug Administration for
 1446  such importation.
 1447         (g) Restricted prescription drug distributor permit.—
 1448         1. A restricted prescription drug distributor permit is
 1449  required for:
 1450         a. Any person located in this state who engages in the
 1451  distribution of a prescription drug, which distribution is not
 1452  considered “wholesale distribution” under s. 499.003(53)(a) s.
 1453  499.003(54)(a).
 1454         b. Any person located in this state who engages in the
 1455  receipt or distribution of a prescription drug in this state for
 1456  the purpose of processing its return or its destruction if such
 1457  person is not the person initiating the return, the prescription
 1458  drug wholesale supplier of the person initiating the return, or
 1459  the manufacturer of the drug.
 1460         c. A blood establishment located in this state which
 1461  collects blood and blood components only from volunteer donors
 1462  as defined in s. 381.06014 or pursuant to an authorized
 1463  practitioner’s order for medical treatment or therapy and
 1464  engages in the wholesale distribution of a prescription drug not
 1465  described in s. 499.003(53)(d) s. 499.003(54)(d) to a health
 1466  care entity. A mobile blood unit operated by a blood
 1467  establishment permitted under this sub-subparagraph is not
 1468  required to be separately permitted. The health care entity
 1469  receiving a prescription drug distributed under this sub
 1470  subparagraph must be licensed as a closed pharmacy or provide
 1471  health care services at that establishment. The blood
 1472  establishment must operate in accordance with s. 381.06014 and
 1473  may distribute only:
 1474         (I) Prescription drugs indicated for a bleeding or clotting
 1475  disorder or anemia;
 1476         (II) Blood-collection containers approved under s. 505 of
 1477  the federal act;
 1478         (III) Drugs that are blood derivatives, or a recombinant or
 1479  synthetic form of a blood derivative;
 1480         (IV) Prescription drugs that are identified in rules
 1481  adopted by the department and that are essential to services
 1482  performed or provided by blood establishments and authorized for
 1483  distribution by blood establishments under federal law; or
 1484         (V) To the extent authorized by federal law, drugs
 1485  necessary to collect blood or blood components from volunteer
 1486  blood donors; for blood establishment personnel to perform
 1487  therapeutic procedures under the direction and supervision of a
 1488  licensed physician; and to diagnose, treat, manage, and prevent
 1489  any reaction of a volunteer blood donor or a patient undergoing
 1490  a therapeutic procedure performed under the direction and
 1491  supervision of a licensed physician,
 1492  
 1493  as long as all of the health care services provided by the blood
 1494  establishment are related to its activities as a registered
 1495  blood establishment or the health care services consist of
 1496  collecting, processing, storing, or administering human
 1497  hematopoietic stem cells or progenitor cells or performing
 1498  diagnostic testing of specimens if such specimens are tested
 1499  together with specimens undergoing routine donor testing. The
 1500  blood establishment may purchase and possess the drugs described
 1501  in this sub-subparagraph without a health care clinic
 1502  establishment permit.
 1503         2. Storage, handling, and recordkeeping of these
 1504  distributions by a person required to be permitted as a
 1505  restricted prescription drug distributor must be in accordance
 1506  with the requirements for wholesale distributors under s.
 1507  499.0121, but not those described set forth in s. 499.01212 if
 1508  the distribution occurs pursuant to sub-subparagraph 1.a. or
 1509  sub-subparagraph 1.b.
 1510         3. A person who applies for a permit as a restricted
 1511  prescription drug distributor, or for the renewal of such a
 1512  permit, must provide to the department the information required
 1513  under s. 499.012.
 1514         4. The department may adopt rules regarding the
 1515  distribution of prescription drugs by hospitals, health care
 1516  entities, charitable organizations, other persons not involved
 1517  in wholesale distribution, and blood establishments, which rules
 1518  are necessary for the protection of the public health, safety,
 1519  and welfare.
 1520         (m) Medical oxygen retail establishment permit.—A medical
 1521  oxygen retail establishment permit is required for any person
 1522  that sells medical oxygen to patients only. The sale must be
 1523  based on an order from a practitioner authorized by law to
 1524  prescribe. The term does not include a pharmacy licensed under
 1525  chapter 465.
 1526         1. A medical oxygen retail establishment may not possess,
 1527  purchase, sell, or trade any prescription drug other than
 1528  medical oxygen.
 1529         2. A medical oxygen retail establishment may refill medical
 1530  oxygen for an individual patient based on an order from a
 1531  practitioner authorized by law to prescribe. A medical oxygen
 1532  retail establishment that refills medical oxygen must comply
 1533  with all appropriate state and federal good manufacturing
 1534  practices.
 1535         3. A medical oxygen retail establishment must comply with
 1536  all of the wholesale distribution requirements of s. 499.0121.
 1537         4. Prescription medical oxygen sold by a medical oxygen
 1538  retail establishment pursuant to a practitioner’s order may not
 1539  be returned into the retail establishment’s inventory.
 1540         (n) Compressed medical gas wholesale distributor permit.—A
 1541  compressed medical gas wholesale distributor is a wholesale
 1542  distributor that is limited to the wholesale distribution of
 1543  compressed medical gases to other than the consumer or patient.
 1544  The compressed medical gas must be in the original sealed
 1545  container that was purchased by that wholesale distributor. A
 1546  compressed medical gas wholesale distributor may not possess or
 1547  engage in the wholesale distribution of any prescription drug
 1548  other than compressed medical gases. The department shall adopt
 1549  rules that govern the wholesale distribution of prescription
 1550  medical oxygen for emergency use. With respect to the emergency
 1551  use of prescription medical oxygen, those rules may not be
 1552  inconsistent with rules and regulations of federal agencies
 1553  unless the Legislature specifically directs otherwise.
 1554         (o) Compressed medical gas manufacturer permit.—A
 1555  compressed medical gas manufacturer permit is required for any
 1556  person that engages in the manufacture of compressed medical
 1557  gases or repackages compressed medical gases from one container
 1558  to another.
 1559         1. A compressed medical gas manufacturer may not
 1560  manufacture or possess any prescription drug other than
 1561  compressed medical gases.
 1562         2. A compressed medical gas manufacturer may engage in
 1563  wholesale distribution of compressed medical gases manufactured
 1564  at that establishment and must comply with all the provisions of
 1565  this part and the rules adopted under this part that apply to a
 1566  wholesale distributor.
 1567         3. A compressed medical gas manufacturer must comply with
 1568  all appropriate state and federal good manufacturing practices.
 1569         (5) A prescription drug repackager permit issued under this
 1570  part is not required for a restricted prescription drug
 1571  distributor permitholder that is a health care entity to
 1572  repackage prescription drugs in this state for its own use or
 1573  for distribution to hospitals or other health care entities in
 1574  the state for their own use, pursuant to s. 499.003(53)(a)3. s.
 1575  499.003(54)(a)3., if:
 1576         (a) The prescription drug distributor notifies the
 1577  department, in writing, of its intention to engage in
 1578  repackaging under this exemption, 30 days before engaging in the
 1579  repackaging of prescription drugs at the permitted
 1580  establishment;
 1581         (b) The prescription drug distributor is under common
 1582  control with the hospitals or other health care entities to
 1583  which the prescription drug distributor is distributing
 1584  prescription drugs. As used in this paragraph, “common control”
 1585  means the power to direct or cause the direction of the
 1586  management and policies of a person or an organization, whether
 1587  by ownership of stock, voting rights, contract, or otherwise;
 1588         (c) The prescription drug distributor repackages the
 1589  prescription drugs in accordance with current state and federal
 1590  good manufacturing practices; and
 1591         (d) The prescription drug distributor labels the
 1592  prescription drug it repackages in accordance with state and
 1593  federal laws and rules.
 1594  
 1595  The prescription drug distributor is exempt from the product
 1596  registration requirements of s. 499.015 with regard to the
 1597  prescription drugs that it repackages and distributes under this
 1598  subsection.
 1599         Section 27. Paragraph (b) of subsection (2) of section
 1600  499.0121, Florida Statutes, is amended to read:
 1601         499.0121 Storage and handling of prescription drugs;
 1602  recordkeeping.—The department shall adopt rules to implement
 1603  this section as necessary to protect the public health, safety,
 1604  and welfare. Such rules shall include, but not be limited to,
 1605  requirements for the storage and handling of prescription drugs
 1606  and for the establishment and maintenance of prescription drug
 1607  distribution records.
 1608         (2) SECURITY.—
 1609         (b) An establishment that is used for wholesale drug
 1610  distribution must be equipped with:
 1611         1. An alarm system to detect entry after hours; however,
 1612  the department may exempt by rule establishments that only hold
 1613  a permit as prescription drug wholesale distributor-brokers and
 1614  establishments that only handle medical oxygen; and
 1615         2. A security system that will provide suitable protection
 1616  against theft and diversion. When appropriate, the security
 1617  system must provide protection against theft or diversion that
 1618  is facilitated or hidden by tampering with computers or
 1619  electronic records.
 1620         Section 28. Section 499.01211, Florida Statutes, is amended
 1621  to read:
 1622         499.01211 Drug Wholesale Distributor Advisory Council.—
 1623         (1) There is created the Drug Wholesale Distributor
 1624  Advisory Council within the department. The council shall meet
 1625  at least once each calendar quarter. Staff for the council shall
 1626  be provided by the department. The council shall consist of 12
 1627  11 members who shall serve without compensation. The council
 1628  shall elect a chairperson and a vice chairperson annually.
 1629         (2) The Secretary of Business and Professional Regulation
 1630  or his or her designee and the Secretary of Health Care
 1631  Administration or her or his designee shall be members of the
 1632  council. The Secretary of Business and Professional Regulation
 1633  shall appoint nine additional members to the council who shall
 1634  be appointed to a term of 4 years each, as follows:
 1635         (a) Three different persons each of whom is employed by a
 1636  different prescription drug wholesale distributor licensed under
 1637  this part which operates nationally and is a primary wholesale
 1638  distributor, as defined in s. 499.003 s. 499.003(47).
 1639         (b) One person employed by a prescription drug wholesale
 1640  distributor licensed under this part which is a secondary
 1641  wholesale distributor, as defined in s. 499.003 s. 499.003(52).
 1642         (c) One person employed by a retail pharmacy chain located
 1643  in this state.
 1644         (d) One person who is a member of the Board of Pharmacy and
 1645  is a pharmacist licensed under chapter 465.
 1646         (e) One person who is a physician licensed pursuant to
 1647  chapter 458 or chapter 459.
 1648         (f) One person who is an employee of a hospital licensed
 1649  pursuant to chapter 395 and is a pharmacist licensed pursuant to
 1650  chapter 465.
 1651         (g) One person who is an employee of a pharmaceutical
 1652  manufacturer.
 1653         (3) The Compressed Gas Association shall appoint one person
 1654  to the council who is an employee of a permitted medical gas
 1655  wholesale distributor or manufacturer.
 1656         (4)(3) The council shall review this part and the rules
 1657  adopted to administer this part annually, provide input to the
 1658  department regarding all proposed rules to administer this part,
 1659  make recommendations to the department to improve the protection
 1660  of the prescription drugs and public health, make
 1661  recommendations to improve coordination with other states’
 1662  regulatory agencies and the federal government concerning the
 1663  wholesale distribution of drugs, and make recommendations to
 1664  minimize the impact of regulation of the wholesale distribution
 1665  industry while ensuring protection of the public health.
 1666         Section 29. Paragraph (b) of subsection (2) of section
 1667  499.01212, Florida Statutes, is amended to read:
 1668         499.01212 Pedigree paper.—
 1669         (2) FORMAT.—A pedigree paper must contain the following
 1670  information:
 1671         (b) For all other wholesale distributions of prescription
 1672  drugs:
 1673         1. The quantity, dosage form, and strength of the
 1674  prescription drugs.
 1675         2. The lot numbers of the prescription drugs.
 1676         3. The name and address of each owner of the prescription
 1677  drug and his or her signature.
 1678         4. Shipping information, including the name and address of
 1679  each person certifying delivery or receipt of the prescription
 1680  drug.
 1681         5. An invoice number, a shipping document number, or
 1682  another number uniquely identifying the transaction.
 1683         6. A certification that the recipient wholesale distributor
 1684  has authenticated the pedigree papers.
 1685         7. The unique serialization of the prescription drug, if
 1686  the manufacturer or repackager has uniquely serialized the
 1687  individual prescription drug unit.
 1688         8. The name, address, telephone number, and, if available,
 1689  e-mail contact information of each wholesale distributor
 1690  involved in the chain of the prescription drug’s custody.
 1691  
 1692  When an affiliated group member obtains title to a prescription
 1693  drug before distributing the prescription drug as the
 1694  manufacturer as defined in s. 499.003(30)(e) under s.
 1695  499.003(31)(e), information regarding the distribution between
 1696  those affiliated group members may be omitted from a pedigree
 1697  paper required under this paragraph for subsequent distributions
 1698  of that prescription drug.
 1699         Section 30. Paragraph (a) of subsection (1) and subsection
 1700  (3) of section 499.015, Florida Statutes, are amended to read:
 1701         499.015 Registration of drugs, devices, and cosmetics;
 1702  issuance of certificates of free sale.—
 1703         (1)(a) Except for those persons exempted from the
 1704  definition of manufacturer in s. 499.003 s. 499.003(31), any
 1705  person who manufactures, packages, repackages, labels, or
 1706  relabels a drug, device, or cosmetic in this state must register
 1707  such drug, device, or cosmetic biennially with the department;
 1708  pay a fee in accordance with the fee schedule provided by s.
 1709  499.041; and comply with this section. The registrant must list
 1710  each separate and distinct drug, device, or cosmetic at the time
 1711  of registration.
 1712         (3) Except for those persons exempted from the definition
 1713  of manufacturer in s. 499.003 s. 499.003(31), a person may not
 1714  sell any product that he or she has failed to register in
 1715  conformity with this section. Such failure to register subjects
 1716  such drug, device, or cosmetic product to seizure and
 1717  condemnation as provided in s. 499.062, and subjects such person
 1718  to the penalties and remedies provided in this part.
 1719         Section 31. Subsection (3) of section 499.024, Florida
 1720  Statutes, is amended to read:
 1721         499.024 Drug product classification.—The department shall
 1722  adopt rules to classify drug products intended for use by humans
 1723  which the United States Food and Drug Administration has not
 1724  classified in the federal act or the Code of Federal
 1725  Regulations.
 1726         (3) Any product that falls under the definition of drug in
 1727  s. 499.003 s. 499.003(19) may be classified under the authority
 1728  of this section. This section does not subject portable
 1729  emergency oxygen inhalators to classification; however, this
 1730  section does not exempt any person from ss. 499.01 and 499.015.
 1731         Section 32. Paragraph (e) of subsection (1), paragraph (b)
 1732  of subsection (2), and paragraph (b) of subsection (3) of
 1733  section 499.041, Florida Statutes, are amended to read:
 1734         499.041 Schedule of fees for drug, device, and cosmetic
 1735  applications and permits, product registrations, and free-sale
 1736  certificates.—
 1737         (1) The department shall assess applicants requiring a
 1738  manufacturing permit an annual fee within the ranges established
 1739  in this section for the specific type of manufacturer.
 1740         (e) The fee for a compressed medical gas manufacturer
 1741  permit may not be less than $400 or more than $500 annually.
 1742         (2) The department shall assess an applicant that is
 1743  required to have a wholesaling permit an annual fee within the
 1744  ranges established in this section for the specific type of
 1745  wholesaling.
 1746         (b) The fee for a compressed medical gas wholesale
 1747  distributor permit may not be less than $200 or more than $300
 1748  annually.
 1749         (3) The department shall assess an applicant that is
 1750  required to have a retail establishment permit an annual fee
 1751  within the ranges established in this section for the specific
 1752  type of retail establishment.
 1753         (b) The fee for a medical oxygen retail establishment
 1754  permit may not be less than $200 or more than $300 annually.
 1755         Section 33. Paragraphs (i) and (m) of subsection (1) of
 1756  section 499.05, Florida Statutes, are amended to read:
 1757         499.05 Rules.—
 1758         (1) The department shall adopt rules to implement and
 1759  enforce this chapter part with respect to:
 1760         (i) Additional conditions that qualify as an emergency
 1761  medical reason under s. 499.003(53)(b)2. s. 499.003(54)(b)2.
 1762         (m) The recordkeeping, storage, and handling with respect
 1763  to each of the distributions of prescription drugs specified in
 1764  s. 499.003(53)(a)-(d) s. 499.003(54)(a)-(d).
 1765         Section 34. Subsections (1) through (4) of section 499.051,
 1766  Florida Statutes, are amended to read:
 1767         499.051 Inspections and investigations.—
 1768         (1) The agents of the department and of the Department of
 1769  Law Enforcement, after they present proper identification, may
 1770  inspect, monitor, and investigate any establishment permitted
 1771  pursuant to this chapter part during business hours for the
 1772  purpose of enforcing this chapter part, chapters 465, 501, and
 1773  893, and the rules of the department that protect the public
 1774  health, safety, and welfare.
 1775         (2) In addition to the authority set forth in subsection
 1776  (1), the department and any duly designated officer or employee
 1777  of the department may enter and inspect any other establishment
 1778  for the purpose of determining compliance with this part and
 1779  rules adopted under this chapter part regarding any drug,
 1780  device, or cosmetic product.
 1781         (3) Any application for a permit or product registration or
 1782  for renewal of such permit or registration made pursuant to this
 1783  chapter part and rules adopted under this chapter part
 1784  constitutes permission for any entry or inspection of the
 1785  premises in order to verify compliance with this chapter part
 1786  and rules; to discover, investigate, and determine the existence
 1787  of compliance; or to elicit, receive, respond to, and resolve
 1788  complaints and violations.
 1789         (4) Any application for a permit made pursuant to s.
 1790  499.012 or s. 499.821 and rules adopted under those sections
 1791  that section constitutes permission for agents of the department
 1792  and the Department of Law Enforcement, after presenting proper
 1793  identification, to inspect, review, and copy any financial
 1794  document or record related to the manufacture, repackaging, or
 1795  distribution of a drug as is necessary to verify compliance with
 1796  this chapter part and the rules adopted by the department to
 1797  administer this chapter part, in order to discover, investigate,
 1798  and determine the existence of compliance, or to elicit,
 1799  receive, respond to, and resolve complaints and violations.
 1800         Section 35. Section 499.066, Florida Statutes, is amended
 1801  to read:
 1802         499.066 Penalties; remedies.—In addition to other penalties
 1803  and other enforcement provisions:
 1804         (1) The department may institute such suits or other legal
 1805  proceedings as are required to enforce any provision of this
 1806  chapter part. If it appears that a person has violated any
 1807  provision of this chapter part for which criminal prosecution is
 1808  provided, the department may provide the appropriate state
 1809  attorney or other prosecuting agency having jurisdiction with
 1810  respect to such prosecution with the relevant information in the
 1811  department’s possession.
 1812         (2) If any person engaged in any activity covered by this
 1813  chapter part violates any provision of this chapter part, any
 1814  rule adopted under this chapter part, or a cease and desist
 1815  order as provided by this chapter part, the department may
 1816  obtain an injunction in the circuit court of the county in which
 1817  the violation occurred or in which the person resides or has its
 1818  principal place of business, and may apply in that court for
 1819  such temporary and permanent orders as the department considers
 1820  necessary to restrain the person from engaging in any such
 1821  activities until the person complies with this chapter part, the
 1822  rules adopted under this chapter part, and the orders of the
 1823  department authorized by this chapter part or to mandate
 1824  compliance with this chapter part, the rules adopted under this
 1825  chapter part, and any order or permit issued by the department
 1826  under this chapter part.
 1827         (3) The department may impose an administrative fine, not
 1828  to exceed $5,000 per violation per day, for the violation of any
 1829  provision of this chapter part or rules adopted under this
 1830  chapter part. Each day a violation continues constitutes a
 1831  separate violation, and each separate violation is subject to a
 1832  separate fine. All amounts collected pursuant to this section
 1833  shall be deposited into the Professional Regulation Trust Fund
 1834  and are appropriated for the use of the department in
 1835  administering this chapter part. In determining the amount of
 1836  the fine to be levied for a violation, the department shall
 1837  consider:
 1838         (a) The severity of the violation;
 1839         (b) Any actions taken by the person to correct the
 1840  violation or to remedy complaints; and
 1841         (c) Any previous violations.
 1842         (4) The department shall deposit any rewards, fines, or
 1843  collections that are due the department and which derive from
 1844  joint enforcement activities with other state and federal
 1845  agencies which relate to this chapter part, chapter 893, or the
 1846  federal act, into the Professional Regulation Trust Fund. The
 1847  proceeds of those rewards, fines, and collections are
 1848  appropriated for the use of the department in administering this
 1849  chapter part.
 1850         (5) The department may issue an emergency order immediately
 1851  suspending or revoking a permit if it determines that any
 1852  condition in the establishment presents a danger to the public
 1853  health, safety, and welfare.
 1854         (6) The department may issue an emergency order to
 1855  immediately remove from commerce and public access any drug,
 1856  device, or cosmetic, if the department determines that the drug,
 1857  device, or cosmetic presents a clear and present danger to the
 1858  public health, safety, and welfare.
 1859         (7) Resignation or termination of an affiliated party does
 1860  not affect the department’s jurisdiction or discretion to
 1861  proceed with action to suspend or revoke a permit or to impose
 1862  other penalties or enforcement actions authorized by law.
 1863         Section 36. Paragraph (a) of subsection (1) and paragraph
 1864  (a) of subsection (2) of section 499.0661, Florida Statutes, are
 1865  amended to read:
 1866         499.0661 Cease and desist orders; removal of certain
 1867  persons.—
 1868         (1) CEASE AND DESIST ORDERS.—
 1869         (a) In addition to any authority otherwise provided in this
 1870  chapter, the department may issue and serve a complaint stating
 1871  charges upon any permittee or upon any affiliated party,
 1872  whenever the department has reasonable cause to believe that the
 1873  person or individual named therein is engaging in or has engaged
 1874  in conduct that is:
 1875         1. An act that demonstrates a lack of fitness or
 1876  trustworthiness to engage in the business authorized under the
 1877  permit issued pursuant to this chapter part, is hazardous to the
 1878  public health, or constitutes business operations that are a
 1879  detriment to the public health;
 1880         2. A violation of any provision of this chapter part;
 1881         3. A violation of any rule of the department;
 1882         4. A violation of any order of the department; or
 1883         5. A breach of any written agreement with the department.
 1884         (2) REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.—
 1885         (a) The department may issue and serve a complaint stating
 1886  charges upon any affiliated party and upon the permittee
 1887  involved whenever the department has reason to believe that an
 1888  affiliated party is engaging in or has engaged in conduct that
 1889  constitutes:
 1890         1. An act that demonstrates a lack of fitness or
 1891  trustworthiness to engage in the business authorized under the
 1892  permit issued pursuant to this chapter part, is hazardous to the
 1893  public health, or constitutes business operations that are a
 1894  detriment to the public health;
 1895         2. A willful violation of this chapter part; however, if
 1896  the violation constitutes a misdemeanor, a complaint may not be
 1897  served as provided in this section until the affiliated party is
 1898  notified in writing of the matter of the violation and has been
 1899  afforded a reasonable period of time, as set forth in the
 1900  notice, to correct the violation and has failed to do so;
 1901         3. A violation of any other law involving fraud or moral
 1902  turpitude which constitutes a felony;
 1903         4. A willful violation of any rule of the department;
 1904         5. A willful violation of any order of the department; or
 1905         6. A material misrepresentation of fact, made knowingly and
 1906  willfully or made with reckless disregard for the truth of the
 1907  matter.
 1908         Section 37. Section 499.067, Florida Statutes, is amended
 1909  to read:
 1910         499.067 Denial, suspension, or revocation of permit,
 1911  certification, or registration.—
 1912         (1)(a) The department may deny, suspend, or revoke a permit
 1913  if it finds that there has been a substantial failure to comply
 1914  with this chapter part or chapter 465, chapter 501, or chapter
 1915  893, the rules adopted under this chapter part or those
 1916  chapters, any final order of the department, or applicable
 1917  federal laws or regulations or other state laws or rules
 1918  governing drugs, devices, or cosmetics.
 1919         (b) The department may deny an application for a permit or
 1920  certification, or suspend or revoke a permit or certification,
 1921  if the department finds that:
 1922         1. The applicant is not of good moral character or that it
 1923  would be a danger or not in the best interest of the public
 1924  health, safety, and welfare if the applicant were issued a
 1925  permit or certification.
 1926         2. The applicant has not met the requirements for the
 1927  permit or certification.
 1928         3. The applicant is not eligible for a permit or
 1929  certification for any of the reasons enumerated in s. 499.012.
 1930         4. The applicant, permittee, or person certified under s.
 1931  499.012(16) demonstrates any of the conditions enumerated in s.
 1932  499.012.
 1933         5. The applicant, permittee, or person certified under s.
 1934  499.012(16) has committed any violation of ss. 499.005-499.0054.
 1935         (2) The department may deny, suspend, or revoke any
 1936  registration required by the provisions of this chapter part for
 1937  the violation of any provision of this chapter part or of any
 1938  rules adopted under this chapter part.
 1939         (3) The department may revoke or suspend a permit:
 1940         (a) If the permit was obtained by misrepresentation or
 1941  fraud or through a mistake of the department;
 1942         (b) If the permit was procured, or attempted to be
 1943  procured, for any other person by making or causing to be made
 1944  any false representation; or
 1945         (c) If the permittee has violated any provision of this
 1946  chapter part or rules adopted under this chapter part.
 1947         (4) If any permit issued under this chapter part is revoked
 1948  or suspended, the owner, manager, operator, or proprietor of the
 1949  establishment shall cease to operate as the permit authorized,
 1950  from the effective date of the suspension or revocation until
 1951  the person is again registered with the department and possesses
 1952  the required permit. If a permit is revoked or suspended, the
 1953  owner, manager, or proprietor shall remove all signs and symbols
 1954  that identify the operation as premises permitted as a drug
 1955  wholesaling establishment; drug, device, or cosmetic
 1956  manufacturing establishment; or retail establishment. The
 1957  department shall determine the length of time for which the
 1958  permit is to be suspended. If a permit is revoked, the person
 1959  that owns or operates the establishment may not apply for any
 1960  permit under this chapter part for a period of 1 year after the
 1961  date of the revocation. A revocation of a permit may be
 1962  permanent if the department considers that to be in the best
 1963  interest of the public health.
 1964         (5) The department may deny, suspend, or revoke a permit
 1965  issued under this chapter part which authorizes the permittee to
 1966  purchase prescription drugs if any owner, officer, employee, or
 1967  other person who participates in administering or operating the
 1968  establishment has been found guilty of any violation of this
 1969  chapter part or chapter 465, chapter 501, or chapter 893, any
 1970  rules adopted under this chapter part or those chapters, or any
 1971  federal or state drug law, regardless of whether the person has
 1972  been pardoned, had her or his civil rights restored, or had
 1973  adjudication withheld.
 1974         (6) The department shall deny, suspend, or revoke the
 1975  permit of any person or establishment if the assignment, sale,
 1976  transfer, or lease of an establishment permitted under this
 1977  chapter part will avoid an administrative penalty, civil action,
 1978  or criminal prosecution.
 1979         (7) Notwithstanding s. 120.60(5), if a permittee fails to
 1980  comply with s. 499.012(6) or s. 499.83, as applicable, the
 1981  department may revoke the permit of the permittee and shall
 1982  provide notice of the intended agency action by posting a notice
 1983  at the department’s headquarters and by mailing a copy of the
 1984  notice of intended agency action by certified mail to the most
 1985  recent mailing address on record with the department and, if the
 1986  permittee is not a natural person, to the permittee’s registered
 1987  agent on file with the Department of State.
 1988         (8) The department may deny, suspend, or revoke a permit
 1989  under this part if it finds the permittee has not complied with
 1990  the credentialing requirements of s. 499.0121(15).
 1991         (9) The department may deny, suspend, or revoke a permit
 1992  under this part if it finds the permittee has not complied with
 1993  the reporting requirements of, or knowingly made a false
 1994  statement in a report required by, s. 499.0121(14).
 1995         Section 38. This act shall take effect October 1, 2014.
 1996