Florida Statute 499.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.051

499.051 Inspections and investigations.—

(1) The agents of the department and of the Department of Law Enforcement, after they present proper identification, may inspect, monitor, and investigate any establishment permitted pursuant to this chapter during business hours for the purpose of enforcing this chapter, chapters 465, 501, and 893, and the rules of the department that protect the public health, safety, and welfare.

(2) In addition to the authority set forth in subsection (1), the department and any duly designated officer or employee of the department may enter and inspect any other establishment for the purpose of determining compliance with this chapter and rules adopted under this chapter regarding any drug, device, or cosmetic.

(3) Any application for a permit or product registration or for renewal of such permit or registration made pursuant to this chapter and rules adopted under this chapter constitutes permission for any entry or inspection of the premises in order to verify compliance with this chapter and rules; to discover, investigate, and determine the existence of compliance; or to elicit, receive, respond to, and resolve complaints and violations.

(4) Any application for a permit made pursuant to s. 499.012 or s. 499.831 and rules adopted under those sections constitutes permission for agents of the department and the Department of Law Enforcement, after presenting proper identification, to inspect, review, and copy any financial document or record related to the manufacture, repackaging, or distribution of a drug as is necessary to verify compliance with this chapter and the rules adopted by the department to administer this chapter, in order to discover, investigate, and determine the existence of compliance, or to elicit, receive, respond to, and resolve complaints and violations.

(5) The authority to inspect under this section includes the authority to access, review, and copy any and all financial documents related to the activity of manufacturing, repackaging, or distributing prescription drugs.

(6) The authority to inspect under this section includes the authority to secure:

(a) Samples or specimens of any drug, device, or cosmetic; or

(b) Such other evidence as is needed for any action to enforce this part and the rules adopted under this part.

(7)(a) The complaint and all information obtained pursuant to the investigation by the department are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation and the enforcement action are completed.

(b) This subsection does not prohibit the department from using such information for regulatory or enforcement proceedings under this chapter or from providing such information to any law enforcement agency or any other regulatory agency. However, the receiving agency shall keep such records confidential and exempt as provided in this subsection.

History.—s. 34, ch. 82-225; s. 26, ch. 82-402; s. 1, ch. 83-265; s. 5, ch. 86-133; s. 11, ch. 88-159; ss. 37, 52, ch. 92-69; s. 199, ch. 94-218; ss. 3, 5, 8, ch. 94-309; s. 7, ch. 95-366; s. 332, ch. 96-406; s. 240, ch. 99-8; s. 62, ch. 2003-1; s. 21, ch. 2003-155; s. 26, ch. 2007-6; s. 29, ch. 2008-207; s. 8, ch. 2014-89; s. 11, ch. 2016-6; s. 13, ch. 2016-212; s. 4, ch. 2017-51; s. 22, ch. 2022-5.

F.S. 499.051 on Google Scholar

F.S. 499.051 on Casetext

Amendments to 499.051

Arrestable Offenses / Crimes under Fla. Stat. 499.051

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 499.051.

Annotations, Discussions, Cases:

Cases Citing Statute 499.051

Total Results: 6

Ronald Brown, Jr. v. Sheriff Mike Williams

Court: District Court of Appeal of Florida | Date Filed: 2019-03-28

Citation: 270 So. 3d 447

Snippet: substance, as analog; and (3) violations of section 499.0051(13), Florida Statutes, governing knowingly selling

Joel De La Osa v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563

Snippet: violations of Chapter 499 — specifically sections 499.0051, 499.0052, 499.0058, 449.0054, and 499.9691 —

State v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2011-09-14

Citation: 71 So. 3d 154, 2011 Fla. App. LEXIS 14534, 2011 WL 4056138

Snippet: amended and renumbered in 2008 and is now section 499.0051(14). . The current definition of "repackage”

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-04-11

Snippet: warrantless searches pursuant to ss. 499.005, 499.051 and 499.069, F.S.? In sum: It has been judicially

Allis-Chalmers Credit Corp. v. Dept. of Rev.

Court: District Court of Appeal of Florida | Date Filed: 1984-07-10

Citation: 456 So. 2d 899

Snippet: Ins. Co. v. New Orleans, 205 U.S. 395, 27 S.Ct. 499, 51 L.Ed. 853 (1907). [5] Smith v. Lummus, 149 Fla

Greyhound Corporation v. Rosart

Court: District Court of Appeal of Florida | Date Filed: 1960-12-01

Citation: 124 So. 2d 708

Snippet: grounds. See Bain Peanut Co. v. Pinson, 282 U.S. 499, 51 S.Ct. 228, 75 L.Ed. 482. In its second question