Division of Drugs, Devices and Cosmetics – Prescription Drug Wholesale Distributor Broker Only

A prescription drug wholesale distributor – broker only is a prescription drugs wholesale distributor that may engage in the wholesale distribution of prescription drugs in this state without taking physical possession of prescription drugs. Requirements: Certified Designated Representative (CDR): All applicants and permittees must designate in writing at least one natural person to serve as the designated representative.  Such person must have an active certification from the Department.  A permittee may not operate for more than 10 business days without employing a CDR, and must notify the Department within 10 days of a CDR’s separation.  Certification and operating requirements for CDR’s:

• Submit a CDR application and pay the appropriate fees.

• Be at least 18 years of age.

• Have not less than two years of verifiable full-time work experience in a pharmacy licensed in this state or another state, where the person’s responsibilities included, but were not limited to, recordkeeping for prescription drugs, or have not less than two years of verifiable full-time managerial experience with a prescription drug wholesale distributor licensed in this state or in another state.

• Receive a passing score of at least 75 percent on an examination given by the department regarding federal laws governing distribution of prescription drugs and this part and the rules adopted by the department governing the wholesale distribution of prescription drugs.

• Employed in a managerial position by the wholesale distributor, and actively involved in and aware of actual daily operations.

• Physically present at the establishment during normal business hours, except for time periods when absent due to illness, family illness or death, scheduled vacation, or other authorized absence.

• May serve as a designated representative for only one wholesale distributor at any one time.

Surety Bond:  All applicants and permittees must post evidence of a surety bond in this state or any other state in the United States in the amount of $100,000. If the annual gross receipts of the applicant’s previous tax year are $10 million or less, evidence of a surety bond in the amount of $25,000. The specific language of the surety bond must include the State of Florida as a beneficiary, payable to the Professional Regulation Trust Fund. In lieu of the surety bond, the applicant may provide other equivalent security such as an irrevocable letter of credit, or a deposit in a trust account or financial institution, which includes the State of Florida as a beneficiary, payable to the Professional Regulation Trust Fund.

Personal Information Statements: Certain individuals associated with applicants and permittees must provide a personal information statement, including a set of fingerprints for a criminal background check, as part of the application process.  The Department must collect personal information statements from (i) the CDR or CDR candidate; (ii) the manager of the establishment, and the next four highest ranking employees responsible for prescription drug wholesale operations at the establishment, and (iii) all “affiliated parties” of the establishment.  The Personal Information Statement is the located at the end of the wholesale application. Prescription Drug Wholesale Distributor (Distributor or Broker Only) Application pages 20-34 (Personal Information Statement)

• “Affiliated Parties” includes:  (i) directors, officers, trustees, partners or committee member of a permittee or applicant or a subsidiary or service corporation of the permittee or applicant; (ii) any person who, directly or indirectly, manages, controls or oversees the operation of a permittee or applicant, regardless of whether such person is a partner, shareholder, manager, member, officer, director, independent contractor or employee of the permittee or applicant; and (iii) up to five natural individual owners, to the extent that any owns at least five percent of the permittee or applicant.

Application: Businesses seeking this permit must complete the Department’s application.  Mail or deliver the application and all required attachments to:

Florida Department of Business and Professional Regulation Drugs, Devices and Cosmetics Program 2601 Blair Stone Road Tallahassee, FL  32399-1047

Inspection: Passing an onsite inspection is a prerequisite to issuance of this permit.

Fee: The overall application and permitting fee is $800 per year equating to a $1,600.00 fee for two year licenses, plus a one-time pre-permit inspection fee of $150. Make checks payable to DBPR. The inspection fee applies only to new permits.

NOTICE: The Division of Drugs, Devices and Cosmetics has initiated rulemaking to change language in Rule 61N-1.015 F.A.C. to remove references to fingerprint cards and replace with language requiring Livescan vendor submissions.

All submissions must be submitted by a livescan vendor by providing the Division’s ORI number to the livescan vendor. The Division’s ORI number is: FL 924780Z. You can find a list of approved livescan providers by clicking here

You may still submit your hard card fingerprints with the Division’s ORI number to FLDBPR, Florida Fingerprint Program, Print Inc. 100 Salem Court, Tallahassee, Florida 32301. Please do not mail payment to this office. Payment must be made in advance by registering at https://pearson.ibtfingerprint.com