Florida HB 1281: Interception and Disclosure of Oral Communications

Bill Text

HB 1281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to prohibitions against discriminatory 2
practices relating to 340B entities and 340B drugs; 3
providing a short title; creating s. 499.061, F.S.; 4
providing definitions; prohibiting drug manufacturers 5
from engaging in certain acts against the acquisitions 6
of 340B drugs by and the delivery of such drugs to 7
specified pharmacies; providing an exception; 8
prohibiting drug manufacturers from interfering with 9
pharmacies' rights to contract with 340B entities; 10
providing that each commission of certain acts 11
constitutes a violation of the Florida Deceptive and 12
Unfair Trade Practices Act and subjects the violator 13
to certain actions and penalties; providing 14
construction and applicability; creating s. 626.8829, 15
F.S.; providing definitions; prohibiting health 16
insurance issuers, pharmacy benefit managers, and 17
other third-party payors, and agents thereof, from 18
engaging in certain discriminatory acts relating to 19
reimbursement to 340B entities for 340B drugs; 20
providing applicability; providing that each 21
commission of certain acts constitutes a violation of 22
the Florida Deceptive and Unfair Trade Practices Act 23
and subjects the violator to certain actions and 24
penalties; providing construction; creating ss. 25

HB 1281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

627.64743, 627.65733, and 641.31543, F.S.; providing 26
definitions; prohibiting individual health insurers, 27
group, blanket, and franchise health insurers, and 28
health maintenance organizations, respectively, and 29
pharmacy benefit managers on behalf of these insurers 30
and health maintenance organizations, from engaging in 31
certain discriminatory acts relating to reimbursement 32
to 340B entities for 340B drugs; providing 33
applicability; providing that each commission of 34
certain acts constitutes a violation of the Florida 35
Deceptive and Unfair Trade Practices Act and subjects 36
the violator to certain actions and penalties; 37
providing construction; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. This act may be cited as the "Defending 42
Affordable Prescription Drug Costs Act." 43
Section 2. Section 499.061, Florida Statutes, is created 44
to read: 45
499.061 Prohibitions against manufacturers' discriminatory 46
practices relating to 340B drugs and 340B entities.— 47
(1) As used in this section, the terms: 48
(a) "340B drug" means a drug that has been subject to any 49
offer for reduced prices by a manufacturer pursuant to 42 U.S.C. 50

HB 1281 2026

CODING: Words stricken are deletions; words underlined are additions.
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s. 256b and is purchased by a covered entity as defined in 42 51
U.S.C. s. 256b(a)(4). 52
(b) "340B entity" means an entity participating or 53
authorized to participate in the 340B Drug Pricing Program, as 54
described in 42 U.S.C. s. 256b, including its pharmacy, or any 55
pharmacy contracted with the participating entity to dispense 56
drugs purchased through the 340B Drug Pricing Program. 57
(2) A manufacturer may not: 58
(a) Deny, restrict, prohibit, or otherwise interfere with, 59
directly or indirectly, the acquisition of a 340B drug by, or 60
delivery of a 340B drug to, a pharmacy that is under contract 61
with a 340B entity and is authorized under such contract to 62
receive and dispense 340B drugs on behalf of the covered entity 63
unless such receipt is prohibited by the United States 64
Department of Health and Human Services; or 65
(b) Interfere with a pharmacy's right to contract with a 66
340B entity. 67
(3) The commission of any act prohibited by this section 68
is a deceptive and unfair trade practice and constitutes a 69
violation of the Florida Deceptive and Unfair Trade Practices 70
Act under part II of chapter 501, and subjects the violator to 71
all actions, including, but not limited to, investigative 72
demands, remedies, and penalties provided for in the Florida 73
Deceptive and Unfair Trade Practices Act. Each commission of a 74
prohibited act constitutes a violation of the Florida Deceptive 75

HB 1281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

and Unfair Trade Practices Act. 76
(4) This section may not be construed to be less 77
restrictive than federal law for a person or entity to which 78
this section applies. This section may not be construed to be in 79
conflict with any of the following: 80
(a) Applicable federal law or regulations. 81
(b) Other laws of this state which are compa