Florida Statute 499.005 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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499.005 Prohibited acts.—It is unlawful for a person to perform or cause the performance of any of the following acts in this state:

(1) The manufacture, repackaging, sale, delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded or has otherwise been rendered unfit for human or animal use.

(2) The adulteration or misbranding of any drug, device, or cosmetic.

(3) The receipt of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery of such drug, device, or cosmetic, for pay or otherwise.

(4) The sale, distribution, purchase, trade, holding, or offering of any drug, device, or cosmetic in violation of this part.

(5) The dissemination of any false or misleading advertisement of a drug, device, or cosmetic.

(6) The refusal or constructive refusal:

(a) To allow the department to enter or inspect an establishment in which drugs, devices, or cosmetics are manufactured, processed, repackaged, sold, brokered, or held;

(b) To allow inspection of any record of that establishment;

(c) To allow the department to enter and inspect any vehicle that is being used to transport drugs, devices, or cosmetics; or

(d) To allow the department to take samples of any drug, device, or cosmetic.

(7) The purchase or sale of prescription drugs for wholesale distribution in exchange for currency, as defined in s. 560.103.

(8) Committing any act that causes a drug, device, or cosmetic to be a counterfeit drug, device, or cosmetic; or selling, dispensing, or holding for sale a counterfeit drug, device, or cosmetic.

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a drug, device, or cosmetic, or the doing of any other act with respect to a drug, device, or cosmetic, if the act is done while the drug, device, or cosmetic is held for sale and the act results in the drug, device, or cosmetic being misbranded.

(10) Forging; counterfeiting; simulating; falsely representing any drug, device, or cosmetic; or, without the authority of the manufacturer, using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part.

(11) The use, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application of the drug is effective when it is not or that the drug complies with this part when it does not.

(12) The possession of any drug in violation of this part.

(13) The sale, delivery, holding, or offering for sale of any self-testing kits designed to tell persons their status concerning human immunodeficiency virus or acquired immune deficiency syndrome or related disorders or conditions. This prohibition shall not apply to home access HIV test kits approved for distribution and sale by the United States Food and Drug Administration.

(14) The purchase or receipt of a prescription drug from a person that is not authorized under this chapter to distribute prescription drugs to that purchaser or recipient.

(15) The sale or transfer of a prescription drug to a person that is not authorized under the law of the jurisdiction in which the person receives the drug to purchase or possess prescription drugs from the person selling or transferring the prescription drug.

(16) The purchase or receipt of a compressed medical gas from a person that is not authorized under this chapter to distribute compressed medical gases.

(17) The sale, purchase, or trade, or the offer to sell, purchase, or trade, a drug sample as defined in s. 499.028; the distribution of a drug sample in violation of s. 499.028; or the failure to otherwise comply with s. 499.028.

(18) Failure to maintain records as required by this part and rules adopted under this part.

(19) Providing the department with false or fraudulent records, or making false or fraudulent statements, regarding any matter within the provisions of this part.

¹(20) The importation of a prescription drug except as provided by s. 801(d) of the Federal Food, Drug, and Cosmetic Act.

(21) The wholesale distribution of any prescription drug that was:

(a) Purchased by a public or private hospital or other health care entity; or

(b) Donated or supplied at a reduced price to a charitable organization,

unless the wholesale distribution of the prescription drug is authorized in s. 499.01(2)(h)1.c.

(22) Failure to obtain a permit or registration, or operating without a valid permit when a permit or registration is required by this part for that activity.

(23) Obtaining or attempting to obtain a prescription drug or device by fraud, deceit, misrepresentation or subterfuge, or engaging in misrepresentation or fraud in the distribution of a drug or device.

(24) The distribution of a prescription device to the patient or ultimate consumer without a prescription or order from a practitioner licensed by law to use or prescribe the device.

(25) Charging a dispensing fee for dispensing, administering, or distributing a prescription drug sample.

(26) Removing a pharmacy’s dispensing label from a dispensed prescription drug with the intent to further distribute the prescription drug.

(27) Distributing a prescription drug that was previously dispensed by a licensed pharmacy, unless such distribution was authorized in chapter 465 or the rules adopted under chapter 465.

(28) Failure to acquire or deliver a transaction history, transaction information, or transaction statement as required under this part and rules adopted under this part.

(29) Failure to accurately complete and timely submit reportable drug price increase forms, reports, and documents as required by s. 499.026 and rules adopted thereunder.

History.—s. 34, ch. 82-225; s. 106, ch. 83-218; s. 1, ch. 83-265; s. 24, ch. 88-380; ss. 5, 52, ch. 92-69; s. 3, ch. 95-308; s. 585, ch. 97-103; s. 29, ch. 98-151; s. 37, ch. 99-397; s. 35, ch. 2000-242; s. 17, ch. 2001-63; s. 32, ch. 2001-89; s. 4, ch. 2003-155; s. 4, ch. 2006-310; s. 21, ch. 2007-6; s. 48, ch. 2008-177; s. 3, ch. 2008-207; s. 3, ch. 2012-37; s. 3, ch. 2016-212; s. 4, ch. 2019-99; s. 2, ch. 2023-29.

¹Note.—Section 11, ch. 2019-99, which was codified as s. 499.02851, provides in part that “[i]mplementation of sections 2 through 10 of this act is contingent upon authorization granted under federal law, rule, or approval.” If the contingency occurs, subsection (20), as amended by s. 4, ch. 2019-99, will read:

(20) The importation of a prescription drug except as provided by s. 801(d) of the Federal Food, Drug, and Cosmetic Act or s. 499.0285.

F.S. 499.005 on Google Scholar

F.S. 499.005 on CourtListener

Amendments to 499.005

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 499.005

Level: Degree
Misdemeanor/Felony: First/Second/Third

S499.005 1 - HEALTH-SAFETY - REMOVED - M: F

S499.005 1 - HEALTH-SAFETY - REMOVED - M: S

S499.005 1 - HEALTH-SAFETY - MFG SELL MISBRAND DEVICE COSMETIC 1ST VIOL - M: S

S499.005 1 - HEALTH-SAFETY - MFG SELL MISBRAND DEVICE COSMETIC PREV CONV - M: F

S499.005 2 - HEALTH-SAFETY - ADULTERATE MISBRAND DEVICE COSMETIC PREV CONV - M: F

S499.005 2 - HEALTH-SAFETY - ADULTERATE MISBRAND DEVICE COSMETIC 1ST VIOL - M: S

S499.005 2 - HEALTH-SAFETY - REMOVED - M: S

S499.005 2 - HEALTH-SAFETY - REMOVED - M: F

S499.005 3 - FRAUD - RECEIVE MISBRANDED DEVICE COSMETIC PREV CONV - M: F

S499.005 3 - FRAUD - RECEIVE MISBRANDED DEVICE COSMETIC 1ST VIOL - M: S

S499.005 3 - FRAUD - REMOVED - M: S

S499.005 3 - FRAUD - REMOVED - M: F

S499.005 4 - HEALTH-SAFETY - SELL PRODUCT VIOL DRUG COSMETIC ACT PREV CONV - M: F

S499.005 4 - HEALTH-SAFETY - REMOVED - M: F

S499.005 4 - HEALTH-SAFETY - REMOVED - M: S

S499.005 4 - HEALTH-SAFETY - SELL PRODUCT VIOL DRUG COSMETIC ACT 1ST VIOL - M: S

S499.005 5 - FRAUD - REMOVED - M: S

S499.005 5 - FRAUD - DISSEMINATE FALSE AD DRUG/DEV/COSMETIC 1STVIOL - M: S

S499.005 5 - FRAUD - DISSEMINATE FALSE AD DRUG/COSMETIC PREV CONV - M: F

S499.005 5 - FRAUD - REMOVED - M: F

S499.005 6 - OBSTRUCT CRIMINAL INVEST - REMOVED - M: F

S499.005 6 - OBSTRUCT CRIMINAL INVEST - RENUMBERED. SEE REC # 9980 - M: F

S499.005 6 - OBSTRUCT CRIMINAL INVEST - RENUMBERED. SEE REC # 9979 - M: S

S499.005 6 - OBSTRUCT CRIMINAL INVEST - REMOVED - M: S

S499.005 6 - OBSTRUCT - REFUSE INSPECTION DRUG/COSMETIC EST 1ST VIOL - M: S

S499.005 6 - OBSTRUCT - REFUSE INSPECTION DRUG/COSMETIC EST PREV CONV - M: F

S499.005 7 - DRUGS-HEALTH OR SAFETY - PURCH/SELL RX DRUG WHOLESALE DISTRIB PREV CONV - M: F

S499.005 7 - FRAUD - REMOVE PENALTY 2003-155 - M: F

S499.005 7 - FRAUD - REMOVE PENALTY 2003-155 - M: S

S499.005 7 - DRUGS-HEALTH OR SAFETY - PURCH/SELL RX DRUG WHOLESALE DISTRIB 1ST VIOL - M: S

S499.005 8 - DRUGS-HEALTH OR SAFETY - SELL COUNTERFEIT DRUG/DEVICE/COSMETIC - F: T

S499.005 8 - HEALTH-SAFETY - REMOVED - F: T

S499.005 8 - COUNTERFEITING OF - RENUMBERED. SEE REC # 8437 - M: S

S499.005 9 - DRUGS-MISBRANDED - REMOVED - M: S

S499.005 9 - DRUGS-MISBRANDED - REMOVE/ALTER LABEL DRUG/DEV/COSMETIC PREV CONV - M: F

S499.005 9 - DRUGS-MISBRANDED - REMOVED - M: F

S499.005 9 - DRUGS-MISBRANDED - REMOVE/ALTER LABEL DRUG/DEV/COSMETIC 1ST VIOL - M: S

S499.005 10 - HEALTH-SAFETY - MISREPRESENT DEVICE OR COSMETIC MISUSE LABEL - F: T

S499.005 10 - FRAUD - MISREP MARK STAMP DEVICE COSMETIC 1ST OFF - M: S

S499.005 10 - COUNTERFEITING OF - SIMULATE MARK STAMP DEVICE COSMETIC SUBSQ OFF - F: T

S499.005 10 - FORGERY OF - MARK STAMP DEVICE COSMETIC 1ST OFF - M: S

S499.005 10 - FORGERY OF - MARK STAMP DEVICE COSMETIC SUBSQ OFF - F: T

S499.005 10 - COUNTERFEITING OF - SIMULATE MARK STAMP DEVICE COSMETIC 1ST OFF - M: S

S499.005 10 - HEALTH-SAFETY - REMOVED - F: T

S499.005 11 - FRAUD - REMOVE PENALTY 2003-155 - M: F

S499.005 11 - FRAUD - REMOVE PENALTY 2003-155 - M: S

S499.005 11 - DRUGS-MISBRANDED - FALSELY LABEL/ADVERTISE DRUG EFFECTS 1ST VIOL - M: S

S499.005 11 - DRUGS-MISBRANDED - FALSELY LABEL/ADVERTISE DRUG EFFECTS PREV CONV - M: F

S499.005 12 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: F

S499.005 12 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 12 - DRUGS-HEALTH OR SAFETY - POSSESS VIOLATE DRUG AND COSMETIC ACT 1ST VIOL - M: S

S499.005 12 - DRUGS-HEALTH OR SAFETY - POSSESS VIOL DRUG AND COSMETIC ACT PREV CONV - M: F

S499.005 13 - DRUGS-HEALTH OR SAFETY - SELL/DELIV NONAPPROVED HIV/AIDS TEST 1ST VIOL - M: S

S499.005 13 - DRUGS-HEALTH OR SAFETY - REMOVED - M: S

S499.005 13 - DRUGS-HEALTH OR SAFETY - SELL/DELIV NONAPPROVED HIV/AIDS TEST PREV CONV - M: F

S499.005 13 - DRUGS-HEALTH OR SAFETY - REMOVED - M: F

S499.005 14 - CONTROLLED SUBSTANCE - REMOVED 2003-155 - F: T

S499.005 14 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 14 - HEALTH-SAFETY - PURCHASE RX DRUG UNAUTHORIZED PERSON 1ST VIOL - M: S

S499.005 14 - HEALTH-SAFETY - PURCHASE RX DRUG UNAUTHORIZED PERSON PREV CONV - M: F

S499.005 15 - DRUGS-HEALTH OR SAFETY - SELL RX DRUG TO UNAUTHORIZED PERSON 1ST VIOL - M: S

S499.005 15 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 15 - DRUGS-HEALTH OR SAFETY - SELL RX DRUG TO UNAUTHORIZED PERSON PREV CONV - M: F

S499.005 15 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - F: T

S499.005 16 - CONTROLLED SUBSTANCE - REMOVED 2003-155 - M: F

S499.005 16 - DRUGS-HEALTH OR SAFETY - PURCHASE MED GAS FROM UNAUTH PERSON 1ST VIOL - M: S

S499.005 16 - DRUGS-HEALTH OR SAFETY - PURCHASE MED GAS FROM UNAUTH PERSON PREV CONV - M: F

S499.005 16 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 17 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - F: T

S499.005 17 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 17 - DRUGS-HEALTH OR SAFETY - SELL/PURCHASE/TRADE DRUG SAMPLE 1ST VIOL - M: S

S499.005 17 - DRUGS-HEALTH OR SAFETY - SELL/PURCHASE/TRADE DRUG SAMPLE PREV CONV - M: F

S499.005 18 - HEALTH-SAFETY - FAIL MAINTAIN REQ DRUG/COSMETIC RECS PREV CONV - M: F

S499.005 18 - HEALTH-SAFETY - REMOVED - M: S

S499.005 18 - HEALTH-SAFETY - FAIL MAINTAIN REQ DRUG/COSMETIC RECS 1ST VIOL - M: S

S499.005 18 - HEALTH-SAFETY - REMOVED - M: F

S499.005 19 - FRAUD - REMOVED - M: F

S499.005 19 - FRAUD - REMOVED - M: S

S499.005 19 - FRAUD - PROV DEPT FALSE RECORDS/STATEMENTS PREV CONV - M: F

S499.005 19 - FRAUD - PROV DEPT FALSE RECORDS/STATEMENTS 1ST VIOL - M: S

S499.005 20 - DRUGS-HEALTH OR SAFETY - IMPORT PRESCRIPTION DRUGS 1ST VIOL - M: S

S499.005 20 - DRUGS-HEALTH OR SAFETY - IMPORT PRESCRIPTION DRUGS PREV CONV - M: F

S499.005 20 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: F

S499.005 20 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 21 - DRUGS-HEALTH OR SAFETY - UNAUTH WHOLESALE DISTR OF RX DRUG 1ST VIOL - M: S

S499.005 21 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: F

S499.005 21 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 21 - DRUGS-HEALTH OR SAFETY - UNAUTH WHOLESALE DISTR OF RX DRUG PREV CONV - M: F

S499.005 22 - DRUGS-HEALTH OR SAFETY - FAIL TO OBTAIN PERMIT/REGISTRATION PREV CONV - M: F

S499.005 22 - DRUGS-HEALTH OR SAFETY - FAIL TO OBTAIN PERMIT/REGISTRATION 1ST VIOL - M: S

S499.005 22 - DRUGS-HEALTH OR SAFETY - REMOVED - M: F

S499.005 22 - DRUGS-HEALTH OR SAFETY - REMOVED - M: S

S499.005 23 - FRAUD - FRAUDLY OBTAIN/DISTR RX DRUG/DEVICE PREV CONV - M: F

S499.005 23 - FRAUD - FRAUDLY OBTAIN/DISTR RX DRUG/DEVICE 1ST VIOL - M: S

S499.005 23 - FRAUD - REMOVED - M: F

S499.005 23 - FRAUD - REMOVED - M: S

S499.005 24 - HEALTH-SAFETY - REMOVED - M: F

S499.005 24 - HEALTH-SAFETY - DISTRIBUTE RX DEVICE W/O RX 1ST VIOL - M: S

S499.005 24 - HEALTH-SAFETY - REMOVED - M: S

S499.005 24 - HEALTH-SAFETY - DISTRIBUTE RX DEVICE W/O RX PREV CONV - M: F

S499.005 25 - DRUGS-HEALTH OR SAFETY - CHARGE FEE TO DISPENSE RX DRUG SAMPLE PREVCONV - M: F

S499.005 25 - DRUGS-HEALTH OR SAFETY - CHARGE FEE TO DISPENSE RX DRUG SAMPLE 1ST VIOL - M: S

S499.005 25 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: F

S499.005 25 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 26 - DRUGS-HEALTH OR SAFETY - REMOVE RX DISP LABEL TO DISTR RX DRUG PREVCONV - M: F

S499.005 26 - DRUGS-HEALTH OR SAFETY - REMOVE RX DISP LABEL TO DISTR RX DRUG 1ST VIOL - M: S

S499.005 26 - DRUGS-HEALTH OR SAFETY - REMOVE PENALTY 2003-155 - M: S

S499.005 26 - DRUGS-HEALTH OR SAFETY - PENALTY DELETED 2003-155 - M: F

S499.005 27 - DRUGS-HEALTH OR SAFETY - RE-DISTR PREV DISPENSED RX DRUG 1ST VIOL - M: S

S499.005 27 - DRUGS-HEALTH OR SAFETY - RE-DISTR PREV DISPENSED RX DRUG PREV CONV - M: F

S499.005 28 - HEALTH-SAFETY - FAIL ACQUIRE TRANSACTION HISTORY/INFO 1ST VIOL - M: S

S499.005 28 - HEALTH-SAFETY - FAIL ACQUIRE TRANSACTION HISTORY/INFO PREVCONV - M: F

S499.005 29 - HEALTH-SAFETY - FAIL SUBMIT DRUG PRICE INCREASE INFO PREV CONV - M: F

S499.005 29 - HEALTH-SAFETY - FAIL SUBMIT DRUG PRICE INCREASE INFO 1ST VIOL - M: S

Cases Citing Statute 499.005

Total Results: 4 | Sort by: Relevance | Newest First

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Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 628 So. 2d 1084 (Fla. 1993).

Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

...hapter 443, section 493.3175, sections 494.0018, 496.413, and 496.417, chapter 509, subsection 517.301(l)(a), subsections 585.145(3) and 585.85(2), section 687.146, and chapters 812 (except section 812.13), 815, 817, 831, and 832. Category 7: Drugs: Section 499.005 and chapter 893....

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Arthritis Med. Ctr., Inc. v. Dep't of Health & Rehabilitative Servs., 543 So. 2d 1304 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1329, 1989 Fla. App. LEXIS 3054, 1989 WL 55974

...Appellant appeals a “Final Order” entered by appellee, Department of Health and Rehabilitative Services (HRS). After appellant allegedly refused to allow two inspections of its business premises, HRS filed an “Administrative Complaint” seeking a total fine of $10,000 for violations of section 499.005(6), Florida *1305 Statutes (1987) and rule 10D-45.0545, Florida Administrative Code (1987)....

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Amendments to Florida Rules of Crim. Procedure, 613 So. 2d 1307 (Fla. 1993).

Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

...ted school district officials to the list protecting school board employees from assault or battery. Chapter 92-69, sections 5 and 47, Laws of Florida, amended section 499.069, Florida Statutes, to provide that violations of new *1308 subsections of section 499.005, Florida Statutes, relating to the regulation of drugs and cosmetics are third-degree felonies....

...Such sentence is not *1314 subject to appeal. However, before imposing such sentence, the court shall give due consideration to the criteria in s. 921.005(1). § 921.001(5), Fla.Stat. (Supp.1988). [[Image here]] *1315 Rule 3.988(g) Category 7: Drugs Section 499.005 — Regulation of Drugs and Cosmetics Chapter 893 — Drugs [[Image here]] Note — Any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate prison sanction may be sentenced to community control or to a term of incarceration not to exceed 22 months....

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Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

with the provisions in Part II, Ch. 499, F.S. Section 499.005, F.S., sets forth those acts which are prohibited

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.