Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations

(1) The department shall adopt and enforce rules necessary to the administration of its authority under this part. The rules must be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons manufacturing, distributing, deali…

(1) Whenever the department has reason to believe that any person is or has been violating any provision of this part or any rules adopted pursuant thereto, it shall proceed to determine the matter.(2) If the department determines that any provision of this part or any rules adop…

(1) If any person violates any provision of this part or any rule adopted pursuant thereto, or violates a cease and desist order issued by the department, the department may impose an administrative fine, not to exceed $5,000 for each violation per day, or may suspend or revoke t…

(1) The violation of any provision of this part, any rule adopted pursuant thereto, or any cease and desist order issued by the department by a licensee or permittee as provided in this part shall be cause for revocation or suspension of all licenses or permits held by such licen…

(1) All hearings shall be conducted in accordance with the provisions of chapter 120.(2) All review of orders of the department shall be in accordance with the provisions of chapter 120.History.—ss. 10, 11, ch. 86-133; s. 4, ch. 91-429.

(1) Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) Any person who knowingl…

In addition to the penalties and other enforcement provisions of this part, in the event any person engaged in any of the activities covered by this part violates any provision of this part, any rule adopted pursuant thereto, or any cease and desist order as provided by this part…

Nothing contained in this part shall apply to the regular military and naval forces of the United States, or to the duly organized military forces of any state or territory thereof, provided that they are acting within their respective official capacities and in the performance o…

Nothing contained in this part shall affect any existing ordinance, rule, or regulation pertaining to ether in any county or municipality in this state, which ordinance, rule, or regulation is more restrictive than the provisions of this part and the rules adopted pursuant theret…

All fees collected for licenses and permits required by this part shall be deposited in the Professional Regulation Trust Fund, and all moneys collected under this part and deposited in the trust fund shall be used by the department in the administration of this part. The Departm…

(1) This part is cumulative and shall be construed and applied as being in addition to and not in substitution for or limiting any powers, duties, or authority of the department under any other law of this state; except that, with respect to the regulation of medical gas, this pa…

As used in this part, the term:(1) “Adulterated” means a medical gas that:(a) Consists, in whole or in part, of impurities or deleterious substances exceeding normal specifications;(b) Is produced, prepared, packed, or held under conditions whereby the medical gas may have been c…

(1) A person or entity that intends to distribute medical gas within or into this state, unless exempted under this part, must obtain the applicable permit before operating as:(a) A medical gas wholesale distributor;(b) A medical gas manufacturer; or(c) A medical oxygen retail es…

(1) The department shall adopt rules to establish the form and content of the application to obtain a permit and to renew a permit listed under this part.(2) An applicant must be at least 18 years of age or be managed, controlled, or overseen, directly or indirectly, by a natural…

(1) A permit issued under this part automatically expires 2 years after the last day of the month in which the permit was originally issued.(2) A permit issued under this part may be renewed by submitting an application for renewal on a form furnished by the department and paying…

(1) A permit issued under this part is valid only for the person or entity to which it is issued and is not subject to sale, assignment, or other transfer, voluntarily or involuntarily.(2) A permit issued under this part is not valid for an establishment other than the establishm…

The department shall consider all of the following factors in determining eligibility for, and renewal of, a permit for a person or entity under this part:(1) A finding by the department that the applicant has violated or been disciplined by a regulatory agency in any state for v…

(1) A facility where a medical gas is received, stored, warehoused, handled, held, offered, marketed, displayed, or transported, to avoid any negative effect on the identity, strength, quality, or purity of the medical gas, must:(a) Be of suitable construction to ensure that medi…

(1) A permitholder that has a facility used for the distribution or retailing of medical gases shall protect such gases from unauthorized access by implementing all of the following security measures:(a) Keeping access from outside the premises well controlled and to a minimum.(b…

(1) A wholesale distributor must visually examine a medical gas container upon receipt from the manufacturer in order to identify the medical gas stored within and to determine if the container has been damaged or is otherwise unfit for distribution. Such examination must occur i…

(1) A medical gas that has left the control of the wholesale distributor may be returned to the wholesale distributor or manufacturer from which it was acquired, but may not be resold as a medical gas unless it is reprocessed by a manufacturer using proper and adequate controls t…

(1) A wholesale distributor shall obtain, before the initial acquisition of medical gas, the following information from the supplying wholesale distributor or manufacturer:(a) If a manufacturer is distributing to a wholesale distributor, evidence that the manufacturer is register…

(1) A permitholder under this part shall establish and maintain a record of transactions regarding the receipt and the distribution, or other disposition, of medical gases, as applicable. Such records constitute an audit trail and must contain information sufficient to perform a …

A wholesale distributor shall establish, maintain, and adhere to written policies and procedures for the receipt, security, storage, transport, shipping, and distribution of medical gases and shall establish, maintain, and adhere to procedures for maintaining inventories; for ide…

A person may not perform or cause the performance of, or aid and abet in, any of the following acts:(1) The manufacture, sale, or delivery, or the holding or offering for sale, of a medical gas that is adulterated, misbranded, or is otherwise unfit for distribution.(2) The adulte…

(1) A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she:(a) Adulterates or misbrands a medical gas with intent to defraud or deceive;(b) Knowingly purchases or receives a medical gas from a person not legall…

(1) The department may require a facility that engages in the manufacture, retail sale, or wholesale distribution of medical gas to undergo an inspection in accordance with a schedule to be determined by the department, including inspections for initial permitting, permit renewal…

A fee collected for a permit under this part shall be deposited into the Professional Regulation Trust Fund. Moneys collected under this part shall be used for administering this part. The department shall maintain a separate account in the trust fund for the Drugs, Devices, and …