Florida 2025 2025 Regular Session

Florida House Bill H0283 Introduced / Bill

Filed 01/28/2025

                       
 
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A bill to be entitled 1 
An act relating to storage and disposal of 2 
prescription drugs and sharps; requiring the 3 
Department of Health and the Department of 4 
Environmental Protection to conduct a study of the 5 
safe collection and proper disposal of sharps; 6 
requiring the departments to make a specified 7 
assessment of the use of sharps in the home; 8 
establishing the collection methods to be considered 9 
in conducting the study; authorizing the d epartments 10 
to work or contract with counties and municipalities 11 
and private entities; requiring the departments to 12 
submit a specified report to the Governor and the 13 
Legislature by a certain date; providing for an 14 
appropriation; amending s. 499.0121, F.S.; providing 15 
applicability; providing requirements for 16 
establishments that store, warehouse, or hold certain 17 
prescription drugs solely for the purpose of 18 
destruction; amending ss. 465.022, 499.003, 499.0051, 19 
499.01, 499.012, 499.01201, 499.05, and 499.067, F. S.; 20 
conforming cross-references; providing an effective 21 
date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
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 Section 1.  (1)  The Department of Health, in partnership 26 
with the Department of Environmental Protection, shall conduct a 27 
study of the safe collection and proper disposal of sharps, as 28 
defined in s. 381.0098(2)(d), Florida Statutes, used by 29 
individuals to self-administer prescription drugs in the home. 30 
 (a)  The departments shall assess the risk of injury to 31 
patients, health care professionals, caregivers, family members, 32 
and waste industry workers from the use of sharps in the home. 33 
 (b)  In conducting the study, the departments shall 34 
consider at least the following two methods of safe collection 35 
in both rural and urban environme nts: 36 
 1.  Sharps disposal by mail. 37 
 2.  Sharps disposal at drop -off locations such as 38 
pharmacies or other health -care-related sites. 39 
 (2)  The departments may work or contract with counties and 40 
municipalities and private entities that wish to participate i n 41 
the study. 42 
 (3)  By July 1, 2026, the departments shall submit a report 43 
of their findings and recommendations to the Governor, the 44 
President of the Senate, and the Speaker of the House of 45 
Representatives. The report must contain, at a minimum, all of 46 
the following: 47 
 (a)  An evaluation of the sharps collection methods, 48 
including consideration of cost, convenience, safety, consumer 49 
preference, and effectiveness. 50     
 
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 (b)  Information regarding the current local government 51 
sharps collection methods practiced in this state, 52 
recommendations for improving existing sharps collection 53 
programs, and whether such programs have been updated or adopted 54 
based on the findings of the study. 55 
 (c)  Recommendations for safely collecting sharps used by 56 
individuals to self-administer prescription drugs in the home, 57 
including the estimated costs associated with statewide adoption 58 
of one or more sharps collection methods. 59 
 (d)  Information regarding current sharps collection 60 
methods practiced by health care and home health agency 61 
professionals performing services in a patient's home, and any 62 
recommendations for improving current practices. 63 
 (4)  For the 2025-2026 fiscal year, the nonrecurring sum of 64 
$200,000 from the Solid Waste Management Trust Fund is 65 
appropriated to the Department of Health and the Department of 66 
Environmental Protection to implement this section. 67 
 Section 2.  Section 499.0121, Florida Statutes, is amended 68 
to read: 69 
 499.0121  Storage and handling of prescription drugs; 70 
recordkeeping.— 71 
 (1)  AUTHORITY TO PRESCRIBE RULES.— 72 
 (a) The department shall adopt rules to implement this 73 
section as necessary to protect the public health, safety, and 74 
welfare. Such rules shall include, but not be limited to, 75     
 
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requirements for the storage and handling of prescription drugs 76 
and for the establishment and maintenance of prescription drug 77 
distribution records. 78 
 (b)  This section does not apply to Schedule IV, Schedule 79 
V, and nonscheduled prescription drugs pursuant to s. 893.03, or 80 
prescription drugs collected under a program authoriz ed by 21 81 
C.F.R. s. 1317, subpart B, that are stored, warehoused, or held 82 
solely for the purpose of destruction, except as provided in 83 
subsection (7). 84 
 (2)(1) ESTABLISHMENTS.—An establishment at which 85 
prescription drugs are stored, warehoused, handled, hel d, 86 
offered, marketed, or displayed must: 87 
 (a)  Be of suitable size and construction to facilitate 88 
cleaning, maintenance, and proper operations; 89 
 (b)  Have storage areas designed to provide adequate 90 
lighting, ventilation, temperature, sanitation, humidity, space, 91 
equipment, and security conditions; 92 
 (c)  Have a quarantine area for storage of prescription 93 
drugs that are outdated, damaged, deteriorated, misbranded, or 94 
adulterated, or that are in immediate or sealed, secondary 95 
containers that have been opened; 96 
 (d)  Be maintained in a clean and orderly condition; and 97 
 (e)  Be free from infestation by insects, rodents, birds, 98 
or vermin of any kind. 99 
 (3)(2) SECURITY.— 100     
 
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 (a)  An establishment that is used for wholesale drug 101 
distribution must be secure from unauthor ized entry. 102 
 1.  Access from outside the premises must be kept to a 103 
minimum and be well controlled. 104 
 2.  The outside perimeter of the premises must be well 105 
lighted. 106 
 3.  Entry into areas where prescription drugs are held must 107 
be limited to authorized perso nnel. 108 
 (b)  An establishment that is used for wholesale drug 109 
distribution must be equipped with: 110 
 1.  An alarm system to detect entry after hours; however, 111 
the department may exempt by rule establishments that only hold 112 
a permit as prescription drug wholes ale distributor-brokers; and 113 
 2.  A security system that will provide suitable protection 114 
against theft and diversion. When appropriate, the security 115 
system must provide protection against theft or diversion that 116 
is facilitated or hidden by tampering with computers or 117 
electronic records. 118 
 (c)  Any vehicle that contains prescription drugs must be 119 
secure from unauthorized access to the prescription drugs in the 120 
vehicle. 121 
 (4)(3) STORAGE.—All prescription drugs shall be stored at 122 
appropriate temperatures and u nder appropriate conditions in 123 
accordance with requirements, if any, in the labeling of such 124 
drugs, or with requirements in the official compendium. 125     
 
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 (a)  If no storage requirements are established for a 126 
prescription drug, the drug may be held at "controll ed" room 127 
temperature, as defined in the official compendium, to help 128 
ensure that its identity, strength, quality, and purity are not 129 
adversely affected. 130 
 (b)  Appropriate manual, electromechanical, or electronic 131 
temperature and humidity recording equipment , devices, or logs 132 
must be used to document proper storage of prescription drugs. 133 
 (c)  The recordkeeping requirements in subsection (8) (6) 134 
must be followed for all stored prescription drugs. 135 
 (5)(4) EXAMINATION OF MATERIALS AND RECORDS. — 136 
 (a)  Upon receipt, each outside shipping container must be 137 
visually examined for identity and to prevent the acceptance of 138 
contaminated prescription drugs that are otherwise unfit for 139 
distribution. This examination must be adequate to reveal 140 
container damage that would suggest possible contamination or 141 
other damage to the contents. 142 
 (b)  Each outgoing shipment must be carefully inspected for 143 
identity of the prescription drug products and to ensure that 144 
there is no delivery of prescription drugs that have expired or 145 
been damaged in storage or held under improper conditions. 146 
 (c)  The recordkeeping requirements in subsection (8) (6) 147 
must be followed for all incoming and outgoing prescription 148 
drugs. 149 
 (d)  Upon receipt, a wholesale distributor must review 150     
 
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records required und er this section for the acquisition of 151 
prescription drugs for accuracy and completeness, considering 152 
the total facts and circumstances surrounding the transactions 153 
and the wholesale distributors involved. 154 
 (6)(5) RETURNED, DAMAGED, OR OUTDATED PRESCRIPTIO N DRUGS.— 155 
 (a)1.  Prescription drugs that are outdated, damaged, 156 
deteriorated, misbranded, or adulterated must be quarantined and 157 
physically separated from other prescription drugs until they 158 
are destroyed or returned to their supplier. A quarantine 159 
section must be separate and apart from other sections where 160 
prescription drugs are stored so that prescription drugs in this 161 
section are not confused with usable prescription drugs. 162 
 2.  Prescription drugs must be examined at least every 12 163 
months, and drugs for which the expiration date has passed must 164 
be removed and quarantined. 165 
 (b)  Any prescription drugs of which the immediate or 166 
sealed outer containers or sealed secondary containers have been 167 
opened or used must be identified as such and must be 168 
quarantined and physically separated from other prescription 169 
drugs until they are destroyed or returned to the supplier. 170 
 (c)  If the conditions under which a prescription drug has 171 
been returned cast doubt on the drug's safety, identity, 172 
strength, quality, or purity, the drug must be destroyed or 173 
returned to the supplier, unless examination, testing, or other 174 
investigation proves that the drug meets appropriate standards 175     
 
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of safety, identity, strength, quality, and purity. In 176 
determining whether the conditions u nder which a drug has been 177 
returned cast doubt on the drug's safety, identity, strength, 178 
quality, or purity, the wholesale distributor must consider, 179 
among other things, the conditions under which the drug has been 180 
held, stored, or shipped before or during its return and the 181 
conditions of the drug and its container, carton, or labeling, 182 
as a result of storage or shipping. 183 
 (d)  The recordkeeping requirements in subsection (8) (6) 184 
must be followed for all outdated, damaged, deteriorated, 185 
misbranded, or adult erated prescription drugs. 186 
 (7)  DESTRUCTION OF SCHEDULE IV, SCHEDULE V, AND 187 
NONSCHEDULED PRESCRIPTION DRUGS OR PRESCRIPTION DRUGS COLLECTED 188 
UNDER A PROGRAM AUTHORIZED BY 21 C.F.R. S. 1317, SUBPART B. —An 189 
establishment that stores, warehouses, or holds Sche dule IV, 190 
Schedule V, and nonscheduled prescription drugs pursuant to s. 191 
893.03, or prescription drugs collected under a program 192 
authorized by 21 C.F.R. s. 1317, subpart B, solely for the 193 
purpose of arranging for their destruction, shall only be 194 
required to: 195 
 (a)  Secure the establishment that is used for activities 196 
related to destruction against unauthorized entry or 197 
unauthorized access to the prescription drugs when establishment 198 
personnel are not present. 199 
 (b)  Maintain records of the address of the locat ion from 200     
 
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which the prescription drugs were collected and a formulary or 201 
description of that location's prescription drugs, or 202 
documentation that the prescription drugs were collected under a 203 
program authorized by 21 C.F.R. s. 1317, subpart B, and the 204 
address at which the prescription drugs were destroyed. 205 
 (c)  Operate in compliance with applicable federal laws and 206 
regulations. 207 
 (8)(6) RECORDKEEPING.—The department shall adopt rules 208 
that require keeping such records of prescription drugs, 209 
including active pharmaceutical ingredients, as are necessary 210 
for the protection of the public health. 211 
 (a)  The following persons must maintain business records 212 
that include the information specified in paragraph (b): 213 
 1.  Persons permitted or required to be permitted und er 214 
this chapter to engage in the manufacture, repackaging, or 215 
distribution of active pharmaceutical ingredients or 216 
prescription drugs. 217 
 2.  Persons other than those set forth in subparagraph 1. 218 
that engage in the receipt of active pharmaceutical ingredient s 219 
or prescription drugs. 220 
 (b)  Business records for persons specified in paragraph 221 
(a) must include: 222 
 1.  The name and address of the seller, and the Florida 223 
permit number of the seller if such seller is not exempt from 224 
Florida permitting requirements, of the active pharmaceutical 225     
 
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ingredient or prescription drug. 226 
 2.  The address of the location the active pharmaceutical 227 
ingredient or prescription drug was shipped from. 228 
 3.  The distribution date of the active pharmaceutical 229 
ingredient or prescription drug. 230 
 4.  The name, strength, and quantity, and the National Drug 231 
Code if such code has been assigned, of the distributed active 232 
pharmaceutical ingredient or prescription drug. 233 
 5.  The name and Florida permit number of the person that 234 
purchased the active pha rmaceutical ingredient or prescription 235 
drug. 236 
 6.  The financial data, including the unit type and unit 237 
price, for the distributions involving active pharmaceutical 238 
ingredients or prescription drugs. 239 
 7.  The date and method of disposition of the active 240 
pharmaceutical ingredient or prescription drug. 241 
 (c)  Each manufacturer or repackager of medical devices, 242 
over-the-counter drugs, or cosmetics must maintain business 243 
records that include: 244 
 1.  The name and address of the seller or transferor of the 245 
product. 246 
 2.  The address of the location the product was shipped 247 
from. 248 
 3.  The date of the sale or distribution of the product. 249 
 4.  The name and quantity of the product involved. 250     
 
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 5.  The name and address of the person who purchased the 251 
product. 252 
 (d)  Persons permitted, or required to be permitted, under 253 
this chapter to engage in the manufacture, repackaging, or 254 
distribution of active pharmaceutical ingredients or 255 
prescription drugs; or the manufacture or repackaging of medical 256 
devices, over-the-counter drugs, and cosmetics; must establish, 257 
maintain, or have the capability to create a current inventory 258 
of the active pharmaceutical ingredients, prescription drugs, 259 
over-the-counter drugs, cosmetics, and devices at an 260 
establishment where activities specified in this p aragraph are 261 
undertaken and must be able to produce such inventory for 262 
inspection by the department within 2 business days. 263 
 (e)  Business records required to be kept pursuant to this 264 
section, and that are kept at the inspection site or can be 265 
immediately retrieved by computer or other electronic means, 266 
must be readily available for authorized inspection during the 267 
retention period. Records kept at a central location outside of 268 
this state which are not electronically retrievable must be made 269 
available for inspection within 2 working days after a request 270 
by an authorized official of a federal, state, or local law 271 
enforcement agency. Records maintained at a central location 272 
within this state must be maintained at an establishment that is 273 
permitted pursuant to this part, and such records must be 274 
readily available for inspection. 275     
 
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 (f)  Records required to be kept pursuant to this 276 
subsection must be maintained as specified for a period of not 277 
less than 6 years from the date of disposition of the active 278 
pharmaceutical ingredients, prescription drugs, over -the-counter 279 
drugs, medical devices, or cosmetics. 280 
 (g)  To the extent that prescription drugs are also 281 
products as defined in the federal act, as amended, and the 282 
information required by the business rec ords requirements of 283 
this section are also included in the tracking and tracing 284 
requirements of the federal act, as amended, and departmental 285 
rules, the manufacturer, wholesale distributor, repackager, or 286 
dispenser must follow both the requirements of the federal act, 287 
as amended, and departmental rules. 288 
 (9)(7) PRESCRIPTION DRUG PURCHASE LIST. —Each wholesale 289 
distributor, except for a manufacturer, shall annually provide 290 
the department with a written list of all wholesale distributors 291 
and manufacturers from whom the wholesale distributor purchases 292 
prescription drugs. A wholesale distributor, except a 293 
manufacturer, shall notify the department not later than 10 days 294 
after any change to either list. 295 
 (10)(8) WRITTEN POLICIES AND PROCEDURES. —Wholesale 296 
distributors must establish, maintain, and adhere to written 297 
policies and procedures, which must be followed for the receipt, 298 
security, storage, inventory, and distribution of prescription 299 
drugs, including polic ies and procedures for identifying, 300     
 
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recording, and reporting losses or thefts, and for correcting 301 
all errors and inaccuracies in inventories. Wholesale 302 
distributors must include in their written policies and 303 
procedures: 304 
 (a)  A procedure whereby the oldest approved stock of a 305 
prescription drug product is distributed first. The procedure 306 
may permit deviation from this requirement, if the deviation is 307 
temporary and appropriate. 308 
 (b)  A procedure to be followed for handling recalls and 309 
withdrawals of prescript ion drugs. Such procedure must be 310 
adequate to deal with recalls and withdrawals due to: 311 
 1.  Any action initiated at the request of the Food and 312 
Drug Administration or any other federal, state, or local law 313 
enforcement or other government agency, including the 314 
department. 315 
 2.  Any voluntary action by the manufacturer or repackager 316 
to remove defective or potentially defective drugs from the 317 
market; or 318 
 3.  Any action undertaken to promote public health and 319 
safety by replacing existing merchandise with an imp roved 320 
product or new package design. 321 
 (c)  A procedure to ensure that wholesale distributors 322 
prepare for, protect against, and handle any crisis that affects 323 
security or operation of any facility if a strike, fire, flood, 324 
or other natural disaster, or a lo cal, state, or national 325     
 
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emergency, occurs. 326 
 (d)  A procedure to ensure that any outdated prescription 327 
drugs are segregated from other drugs and returned to the 328 
manufacturer or repackager or destroyed. This procedure must 329 
provide for written documentation o f the disposition of outdated 330 
prescription drugs. This documentation must be maintained for 2 331 
years after disposition of the outdated drugs. 332 
 (11)(9) RESPONSIBLE PERSONS. —Wholesale distributors must 333 
establish and maintain lists of officers, directors, man agers, 334 
designated representatives, and other persons in charge of 335 
wholesale drug distribution, storage, and handling, including a 336 
description of their duties and a summary of their 337 
qualifications. 338 
 (12)(10) COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAW. —A 339 
wholesale distributor must operate in compliance with applicable 340 
federal, state, and local laws and regulations. 341 
 (a)  A wholesale distributor must allow the department and 342 
authorized federal, state, and local officials to enter and 343 
inspect its premises a nd delivery vehicles, and to audit its 344 
records and written operating procedures, at reasonable times 345 
and in a reasonable manner, to the extent authorized by law. 346 
 (b)  A wholesale distributor that deals in controlled 347 
substances must register with the Drug Enforcement 348 
Administration and must comply with all applicable state, local, 349 
and federal laws. A wholesale distributor that distributes any 350     
 
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substance controlled under chapter 893 must notify the 351 
department when registering with the Drug Enforcement 352 
Administration pursuant to that chapter and must provide the 353 
department with its DEA number. 354 
 (13)(11) SALVAGING AND REPROCESSING. —A wholesale 355 
distributor is subject to any applicable federal, state, or 356 
local laws or regulations that relate to prescription drug 357 
product salvaging or reprocessing. 358 
 (14)(12) SHIPPING AND TRANSPORTATION. —The person 359 
responsible for shipment and transportation of a prescription 360 
drug in a wholesale distribution may use a common carrier; its 361 
own vehicle or employee acting within the sco pe of employment if 362 
authorized under s. 499.03 for the possession of prescription 363 
drugs in this state; or, in the case of a prescription drug 364 
intended for domestic distribution, an independent contractor 365 
who must be the agent of the authorized seller or re cipient 366 
responsible for shipping and transportation as set forth in a 367 
written contract between the parties. A person selling a 368 
prescription drug for export must obtain documentation, such as 369 
a validated airway bill, bill of lading, or other appropriate 370 
documentation that the prescription drug was exported. A person 371 
responsible for shipping or transporting prescription drugs is 372 
not required to maintain documentation from a common carrier 373 
that the designated recipient received the prescription drugs; 374 
however, the person must obtain such documentation from the 375     
 
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common carrier and make it available to the department upon 376 
request of the department. 377 
 (15)(13) DUE DILIGENCE OF SUPPLIERS. —Prior to purchasing 378 
any prescription drugs from another wholesale distributor, a 379 
prescription drug wholesale distributor, an out -of-state 380 
prescription drug wholesale distributor, or a prescription drug 381 
repackager must: 382 
 (a)  Enter an agreement with the selling wholesale 383 
distributor by which the selling wholesale distributor will 384 
indemnify the purchasing wholesale distributor for any loss 385 
caused to the purchasing wholesale distributor related to the 386 
purchase of drugs from the selling wholesale distributor which 387 
are determined to be counterfeit or to have been distributed in 388 
violation of any federal or state law governing the distribution 389 
of drugs. 390 
 (b)  Determine that the selling wholesale distributor has 391 
insurance coverage of not less than the greater of 1 percent of 392 
the amount of total dollar volume of the prescription drug sales 393 
reported to the department under s. 499.012(8)(g) or $500,000; 394 
however the coverage need not exceed $2 million. 395 
 (c)  Obtain information from the selling wholesale 396 
distributor, including the length of time the selling wholesale 397 
distributor has been licensed i n this state, a copy of the 398 
selling wholesale distributor's licenses or permits, and 399 
background information concerning the ownership of the selling 400     
 
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wholesale distributor, including the experience of the wholesale 401 
distributor in the wholesale distribution o f prescription drugs. 402 
 (d)  Verify that the selling wholesale distributor's 403 
Florida permit is valid. 404 
 (e)  Inspect the selling wholesale distributor's licensed 405 
establishment to document that it has a policies and procedures 406 
manual relating to the distribut ion of drugs, the appropriate 407 
temperature controlled environment for drugs requiring 408 
temperature control, an alarm system, appropriate access 409 
restrictions, and procedures to ensure that records related to 410 
the wholesale distribution of prescription drugs ar e maintained 411 
as required by law: 412 
 1.  Before purchasing any drug from the wholesale 413 
distributor, and at least once each subsequent year; or 414 
 2.  Before purchasing any drug from the wholesale 415 
distributor, and each subsequent year obtain a complete copy of 416 
the most recent inspection report for the establishment which 417 
was prepared by the department or the regulatory authority 418 
responsible for wholesale distributors in the state in which the 419 
establishment is located. 420 
 (16)(14) DISTRIBUTION REPORTING. —Each prescription drug 421 
wholesale distributor, out -of-state prescription drug wholesale 422 
distributor, retail pharmacy drug wholesale distributor, 423 
manufacturer, or repackager that engages in the wholesale 424 
distribution of controlled substances as defined in s. 893.02 425     
 
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shall submit a report to the department of its receipts and 426 
distributions of controlled substances listed in Schedule II, 427 
Schedule III, Schedule IV, or Schedule V as provided in s. 428 
893.03. Wholesale distributor facilities located within this 429 
state shall report all transactions involving controlled 430 
substances, and wholesale distributor facilities located outside 431 
this state shall report all distributions to entities located in 432 
this state. If the prescription drug wholesale distributor, out -433 
of-state prescription drug wholesale distributor, retail 434 
pharmacy drug wholesale distributor, manufacturer, or repackager 435 
does not have any controlled substance distributions for the 436 
month, a report shall be sent indicating that no distributions 437 
occurred in the period. The rep ort shall be submitted monthly by 438 
the 20th of the next month, in the electronic format used for 439 
controlled substance reporting to the Automation of Reports and 440 
Consolidated Orders System division of the federal Drug 441 
Enforcement Administration. Submission o f electronic data must 442 
be made in a secured Internet environment that allows for manual 443 
or automated transmission. Upon successful transmission, an 444 
acknowledgment page must be displayed to confirm receipt. The 445 
report must contain the following information: 446 
 (a)  The federal Drug Enforcement Administration 447 
registration number of the wholesale distributing location. 448 
 (b)  The federal Drug Enforcement Administration 449 
registration number of the entity to which the drugs are 450     
 
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distributed or from which the drugs ar e received. 451 
 (c)  The transaction code that indicates the type of 452 
transaction. 453 
 (d)  The National Drug Code identifier of the product and 454 
the quantity distributed or received. 455 
 (e)  The Drug Enforcement Administration Form 222 number or 456 
Controlled Substance Ordering System Identifier on all Schedule 457 
II transactions. 458 
 (f)  The date of the transaction. 459 
 460 
The department must share the reported data with the Department 461 
of Law Enforcement and local law enforcement agencies upon 462 
request and must monitor pu rchasing to identify purchasing 463 
levels that are inconsistent with the purchasing entity's 464 
clinical needs. The Department of Law Enforcement shall 465 
investigate purchases at levels that are inconsistent with the 466 
purchasing entity's clinical needs to determine whether 467 
violations of chapter 893 have occurred. 468 
 (17)(15) DUE DILIGENCE OF PURCHASERS. — 469 
 (a)  Each prescription drug wholesale distributor, out -of-470 
state prescription drug wholesale distributor, and retail 471 
pharmacy drug wholesale distributor must establi sh and maintain 472 
policies and procedures to credential physicians licensed under 473 
chapter 458, chapter 459, chapter 461, or chapter 466 and 474 
pharmacies that purchase or otherwise receive from the wholesale 475     
 
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distributor controlled substances listed in Schedule II or 476 
Schedule III as provided in s. 893.03. The prescription drug 477 
wholesale distributor, out -of-state prescription drug wholesale 478 
distributor, or retail pharmacy drug wholesale distributor shall 479 
maintain records of such credentialing and make the records 480 
available to the department upon request. Such credentialing 481 
must, at a minimum, include: 482 
 1.  A determination of the clinical nature of the receiving 483 
entity, including any specialty practice area. 484 
 2.  A review of the receiving entity's history of Schedul e 485 
II and Schedule III controlled substance purchasing from the 486 
wholesale distributor. 487 
 3.  A determination that the receiving entity's Schedule II 488 
and Schedule III controlled substance purchasing history, if 489 
any, is consistent with and reasonable for that entity's 490 
clinical business needs. 491 
 (b)  A wholesale distributor must take reasonable measures 492 
to identify its customers, understand the normal and expected 493 
transactions conducted by those customers, and identify those 494 
transactions that are suspicious in na ture. A wholesale 495 
distributor must establish internal policies and procedures for 496 
identifying suspicious orders and preventing suspicious 497 
transactions. A wholesale distributor must assess orders for 498 
more than 7,500 unit doses of any one controlled substanc e in 499 
any one month to determine whether the purchase is reasonable. 500     
 
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In making such assessments, a wholesale distributor may consider 501 
the purchasing entity's clinical business needs, location, and 502 
population served, in addition to other factors established in 503 
the distributor's policies and procedures. A wholesale 504 
distributor must report to the department any regulated 505 
transaction involving an extraordinary quantity of a listed 506 
chemical, an uncommon method of payment or delivery, or any 507 
other circumstance tha t the regulated person believes may 508 
indicate that the listed chemical will be used in violation of 509 
the law. The wholesale distributor shall maintain records that 510 
document the report submitted to the department in compliance 511 
with this paragraph. 512 
 (c)  A wholesale distributor may not distribute controlled 513 
substances to an entity if any criminal history record check for 514 
any person associated with that entity shows that the person has 515 
been convicted of, or entered a plea of guilty or nolo 516 
contendere to, regardl ess of adjudication, a crime in any 517 
jurisdiction related to controlled substances, the practice of 518 
pharmacy, or the dispensing of medicinal drugs. 519 
 Section 3.  Paragraph (b) of subsection (3) of section 520 
465.022, Florida Statutes, is amended to read: 521 
 465.022  Pharmacies; general requirements; fees. — 522 
 (3)  Any person or business entity, before engaging in the 523 
operation of a pharmacy, shall file with the board a sworn 524 
application on forms provided by the department. For purposes of 525     
 
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this section, any person required to provide fingerprints under 526 
this subsection is an affiliated person within the meaning of s. 527 
465.023(1). 528 
 (b)  The department shall annually submit the fingerprints 529 
provided by the applicant to the Department of Law Enforcement 530 
for a state criminal history records check. The Department of 531 
Law Enforcement shall annually forward the fingerprints to the 532 
Federal Bureau of Investigation for a national criminal history 533 
records check. The department shall report the results of annual 534 
criminal history records checks to wholesale distributors 535 
permitted under chapter 499 for the purposes of s. 499.0121(17) 536 
s. 499.0121(15). 537 
 Section 4.  Paragraph (b) of subsection (48) of section 538 
499.003, Florida Statutes, is amended to read: 539 
 499.003  Definitions of terms used in this part.—As used in 540 
this part, the term: 541 
 (48)  "Wholesale distribution" means the distribution of a 542 
prescription drug to a person other than a consumer or patient, 543 
or the receipt of a prescription drug by a person other than the 544 
consumer or patient, but does not include: 545 
 (b)  Any of the following activities, which is not a 546 
violation of s. 499.005(21) if such activity is conducted in 547 
accordance with rules established by the department: 548 
 1.  The distribution of a prescription drug among federal, 549 
state, or local government health care entities that are under 550     
 
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common control and are authorized to purchase such prescription 551 
drug. 552 
 2.  The distribution of a prescription drug or offer to 553 
distribute a prescription drug for emergency medical reasons, 554 
which may include transfers of prescription drugs by a retail 555 
pharmacy to another retail pharmacy to alleviate a temporary 556 
shortage. For purposes of this subparagraph, a drug shortage not 557 
caused by a public health emergency does not constitute an 558 
emergency medical reason. 559 
 3.  The distribution of a prescription drug acquired by a 560 
medical director on behalf of a licensed emergency medical 561 
services provider to that emergency medical services provider 562 
and its transport vehicles for use in accordance with the 563 
provider's license under chapter 401. 564 
 4.  The donation of a prescription drug by a health care 565 
entity to a charitable organization that has been granted an 566 
exemption under s. 501(c)(3) of the Internal Revenue Code of 567 
1986, as amended, and that is authorized to possess prescription 568 
drugs. 569 
 5.  The distribution of a prescription drug by a person 570 
authorized to purchase or receive prescription drugs to a person 571 
licensed or permitted to handle reverse distributions or 572 
destruction under the laws of the jurisdiction i n which the 573 
person handling the reverse distribution or destruction receives 574 
the drug. 575     
 
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 6.  The distribution of a prescription drug by a hospital 576 
or other health care entity to a person licensed under this part 577 
to repackage prescription drugs for the purpo se of repackaging 578 
the prescription drug for use by that hospital, or other health 579 
care entity and other health care entities that are under common 580 
control, if ownership of the prescription drugs remains with the 581 
hospital or other health care entity at all times. In addition 582 
to the recordkeeping requirements of s. 499.0121(8) s. 583 
499.0121(6), the hospital or health care entity that distributes 584 
prescription drugs pursuant to this subparagraph must reconcile 585 
all drugs distributed and returned and resolve any di screpancies 586 
in a timely manner. 587 
 Section 5.  Subsection (15) of section 499.0051, Florida 588 
Statutes, is amended to read: 589 
 499.0051  Criminal acts. — 590 
 (15)  FALSE REPORT.—Any person who submits a report 591 
required by s. 499.0121(16) s. 499.0121(14) knowing that such 592 
report contains a false statement commits a felony of the third 593 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 594 
775.084. 595 
 Section 6.  Paragraph (m) of subsection (2), subsection 596 
(3), and paragraphs (a), (b), and (c) of subsection (4) of 597 
section 499.01, Florida Statutes, are amended to read: 598 
 499.01  Permits.— 599 
 (2)  The following permits are established: 600     
 
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 (m)  Limited prescription drug veterinary wholesale 601 
distributor permit.—Unless engaging in the activities of and 602 
permitted as a prescription drug manufacturer, nonresident 603 
prescription drug manufacturer, prescription drug wholesale 604 
distributor, or out-of-state prescription drug wholesale 605 
distributor, a limited prescription drug veterinary wholesale 606 
distributor permit is required for any person that engages in 607 
the distribution in or into this state of veterinary 608 
prescription drugs and prescription drugs subject to, defined 609 
by, or described by s. 503(b) of the Federal Food, Drug, and 610 
Cosmetic Act under the following conditions: 611 
 1.  The person is engaged in the business of wholesaling 612 
prescription and veterinary prescription drugs to persons: 613 
 a.  Licensed as veterinarians practicing on a full -time 614 
basis; 615 
 b.  Regularly and lawfully engaged in instruction in 616 
veterinary medicine; 617 
 c.  Regularly and lawfully engaged in law enforcement 618 
activities; 619 
 d.  For use in research not involving clinical use; or 620 
 e.  For use in chemical analysis or physical testing or for 621 
purposes of instruction in law enforcement activities, research, 622 
or testing. 623 
 2.  No more than 30 percent of total annual prescription 624 
drug sales may be prescription drugs approved for human use 625     
 
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which are subject to, defined by, or described by s. 503(b) of 626 
the Federal Food, Drug, and Cosmetic Act. 627 
 3.  The person does not distribute in any jurisdiction 628 
prescription drugs subject to, defined by, or described by s. 629 
503(b) of the Federal Food, Drug, and Cosmetic Act to any person 630 
who is authorized to sell, distribute, purchase, trade, or use 631 
these drugs on or for humans. 632 
 4.  A limited prescription drug veterinary wholesale 633 
distributor that applies to the department for a new permit or 634 
the renewal of a permit must submit a bond of $20,000, or other 635 
equivalent means of security acceptable to the department, such 636 
as an irrevocable letter o f credit or a deposit in a trust 637 
account or financial institution, payable to the Professional 638 
Regulation Trust Fund. The purpose of the bond is to secure 639 
payment of any administrative penalties imposed by the 640 
department and any fees and costs incurred by the department 641 
regarding that permit which are authorized under state law and 642 
which the permittee fails to pay 30 days after the fine or costs 643 
become final. The department may make a claim against such bond 644 
or security until 1 year after the permittee's li cense ceases to 645 
be valid or until 60 days after any administrative or legal 646 
proceeding authorized in this part which involves the permittee 647 
is concluded, including any appeal, whichever occurs later. 648 
 5.  A limited prescription drug veterinary wholesale 649 
distributor must maintain at all times a license or permit to 650     
 
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engage in the wholesale distribution of prescription drugs in 651 
compliance with laws of the state in which it is a resident. 652 
 6.  A limited prescription drug veterinary wholesale 653 
distributor must comply with the requirements for wholesale 654 
distributors under s. 499.0121. 655 
 7.  A limited prescription drug veterinary wholesale 656 
distributor may not return to inventory for subsequent wholesale 657 
distribution any prescription drug subject to, defined by, or 658 
described by s. 503(b) of the Federal Food, Drug, and Cosmetic 659 
Act which has been returned by a veterinarian. 660 
 8.  A limited prescription drug veterinary wholesale 661 
distributor permit is not required for an intracompany sale or 662 
transfer of a prescription drug from an out-of-state 663 
establishment that is duly licensed to engage in the wholesale 664 
distribution of prescription drugs in its state of residence to 665 
a licensed limited prescription drug veterinary wholesale 666 
distributor in this state if both wholesale distr ibutors conduct 667 
wholesale distributions of prescription drugs under the same 668 
business name. The recordkeeping requirements of s. 499.0121(8) 669 
s. 499.0121(6) must be followed for this transaction. 670 
 (3)  A nonresident prescription drug manufacturer permit is 671 
not required for a manufacturer to distribute a prescription 672 
drug active pharmaceutical ingredient that it manufactures to a 673 
prescription drug manufacturer permitted in this state intended 674 
for research and development and not for resale or human use 675     
 
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other than lawful clinical trials and biostudies authorized and 676 
regulated by federal law. A manufacturer claiming to be exempt 677 
from the permit requirements of this subsection and the 678 
prescription drug manufacturer purchasing and receiving the 679 
active pharmaceutical ingredient shall comply with the 680 
recordkeeping requirements of s. 499.0121(8) s. 499.0121(6). The 681 
prescription drug manufacturer purchasing and receiving the 682 
active pharmaceutical ingredient shall maintain on file a record 683 
of the FDA registration number ; if available, the out -of-state 684 
license, permit, or registration number; and, if available, a 685 
copy of the most current FDA inspection report, for all 686 
manufacturers from whom they purchase active pharmaceutical 687 
ingredients under this section. The failure t o comply with the 688 
requirements of this subsection, or rules adopted by the 689 
department to administer this subsection, for the purchase of 690 
prescription drug active pharmaceutical ingredients is a 691 
violation of s. 499.005(14), and a knowing failure is a 692 
violation of s. 499.0051(3). 693 
 (a)  The immediate package or container of a prescription 694 
drug active pharmaceutical ingredient distributed into the state 695 
that is intended for research and development under this 696 
subsection shall bear a label prominently displaying the 697 
statement: "Caution: Research and Development Only —Not for 698 
Manufacturing, Compounding, or Resale." 699 
 (b)  A prescription drug manufacturer that obtains a 700     
 
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prescription drug active pharmaceutical ingredient under this 701 
subsection for use in clinical trial s and or biostudies 702 
authorized and regulated by federal law must create and maintain 703 
records detailing the specific clinical trials or biostudies for 704 
which the prescription drug active pharmaceutical ingredient was 705 
obtained. 706 
 (4)(a)  A permit issued under this part is not required to 707 
distribute a prescription drug active pharmaceutical ingredient 708 
from an establishment located in the United States to an 709 
establishment located in this state permitted as a prescription 710 
drug manufacturer under this part for use by the recipient in 711 
preparing, deriving, processing, producing, or fabricating a 712 
prescription drug finished dosage form at the establishment in 713 
this state where the product is received under an approved and 714 
otherwise valid New Drug Approval Application, Ab breviated New 715 
Drug Application, New Animal Drug Application, or Therapeutic 716 
Biologic Application, provided that the application, active 717 
pharmaceutical ingredient, or finished dosage form has not been 718 
withdrawn or removed from the market in this country for public 719 
health reasons. 720 
 1.  Any distributor claiming exemption from permitting 721 
requirements pursuant to this paragraph shall maintain a 722 
license, permit, or registration to engage in the wholesale 723 
distribution of prescription drugs under the laws of the st ate 724 
from which the product is distributed. If the state from which 725     
 
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the prescription drugs are distributed does not require a 726 
license to engage in the wholesale distribution of prescription 727 
drugs, the distributor must be licensed as a wholesale 728 
distributor as required by the federal act. 729 
 2.  Any distributor claiming exemption from permitting 730 
requirements pursuant to this paragraph and the prescription 731 
drug manufacturer purchasing and receiving the active 732 
pharmaceutical ingredient shall comply with the recor dkeeping 733 
requirements of s. 499.0121(8) s. 499.0121(6). 734 
 (b)  A permit issued under this part is not required to 735 
distribute a prescription drug that has not been repackaged from 736 
an establishment located in the United States to an 737 
establishment located in t his state permitted as a prescription 738 
drug manufacturer under this part for research and development 739 
or to a holder of a letter of exemption issued by the department 740 
under s. 499.03(4) for research, teaching, or testing. 741 
 1.  Any distributor claiming exemp tion from permitting 742 
requirements pursuant to this paragraph shall maintain a 743 
license, permit, or registration to engage in the wholesale 744 
distribution of prescription drugs under the laws of the state 745 
from which the product is distributed. If the state fro m which 746 
the prescription drugs are distributed does not require a 747 
license to engage in the wholesale distribution of prescription 748 
drugs, the distributor must be licensed as a wholesale 749 
distributor as required by the federal act. 750     
 
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 2.  All purchasers and rec ipients of any prescription drugs 751 
distributed pursuant to this paragraph shall ensure that the 752 
products are not resold or used, directly or indirectly, on 753 
humans except in lawful clinical trials and biostudies 754 
authorized and regulated by federal law. 755 
 3.  Any distributor claiming exemption from permitting 756 
requirements pursuant to this paragraph, and the purchaser and 757 
recipient of the prescription drug, shall comply with the 758 
recordkeeping requirements of s. 499.0121(8) s. 499.0121(6). 759 
 4.  The immediate pack age or container of any active 760 
pharmaceutical ingredient distributed into the state that is 761 
intended for teaching, testing, research, and development shall 762 
bear a label prominently displaying the statement: "Caution: 763 
Research, Teaching, or Testing Only – Not for Manufacturing, 764 
Compounding, or Resale." 765 
 (c)  An out-of-state prescription drug wholesale 766 
distributor permit is not required for an intracompany sale or 767 
transfer of a prescription drug from an out -of-state 768 
establishment that is duly licensed as a pr escription drug 769 
wholesale distributor in its state of residence to a licensed 770 
prescription drug wholesale distributor in this state, if both 771 
wholesale distributors conduct wholesale distributions of 772 
prescription drugs under the same business name. The 773 
recordkeeping requirements of s. 499.0121(8) s. 499.0121(6) must 774 
be followed for such transactions. 775     
 
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 Section 7.  Paragraph (p) of subsection (8) of section 776 
499.012, Florida Statutes, is amended to read: 777 
 499.012  Permit application requirements. — 778 
 (8)  An application for a permit or to renew a permit for a 779 
prescription drug wholesale distributor or an out -of-state 780 
prescription drug wholesale distributor submitted to the 781 
department must include: 782 
 (p)  Documentation of the credentialing policies and 783 
procedures required by s. 499.0121(17) s. 499.0121(15). 784 
 Section 8.  Section 499.01201, Florida Statutes, is amended 785 
to read: 786 
 499.01201  Agency for Health Care Administration review and 787 
use of statute and rule violation or compliance data. —788 
Notwithstanding any ot her provision of law, the Agency for 789 
Health Care Administration may not: 790 
 (1)  Review or use any violation or alleged violation of s. 791 
499.0121(8) s. 499.0121(6), or any rules adopted under that 792 
section, as a ground for denying or withholding any payment of a 793 
Medicaid reimbursement to a pharmacy licensed under chapter 465; 794 
or 795 
 (2)  Review or use compliance with s. 499.0121(8) s. 796 
499.0121(6), or any rules adopted under that section, as the 797 
subject of any audit of Medicaid -related records held by a 798 
pharmacy licensed under chapter 465. 799 
 Section 9.  Paragraphs (m) and (n) of subsection (1) of 800     
 
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section 499.05, Florida Statutes, are amended to read: 801 
 499.05  Rules.— 802 
 (1)  The department shall adopt rules to implement and 803 
enforce this chapter with respect to: 804 
 (m)  Wholesale distributor reporting requirements of s. 805 
499.0121(16) s. 499.0121(14). 806 
 (n)  Wholesale distributor credentialing and distribution 807 
requirements of s. 499.0121(17) s. 499.0121(15). 808 
 Section 10.  Subsections (8) and (9) of section 499.067, 809 
Florida Statutes, are amended to read: 810 
 499.067  Denial, suspension, or revocation of permit, 811 
certification, or registration. — 812 
 (8)  The department may deny, suspend, or revoke a permit 813 
under this part if it finds the permittee has not complied with 814 
the credentialing requirements of s. 499.0121(17) s. 815 
499.0121(15). 816 
 (9)  The department may deny, suspend, or revoke a permit 817 
under this part if it finds the permittee has not complied with 818 
the reporting requirements of, or knowingly made a false 819 
statement in a report required by, s. 499.0121(16) s. 820 
499.0121(14). 821 
 Section 11.  This act shall take effect July 1, 2025. 822