Bill Text: FL H0487 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dextromethorphan
Spectrum:
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0487 Detail]
Download: Florida-2011-H0487-Introduced.html
Bill Title: Dextromethorphan
Spectrum:
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0487 Detail]
Download: Florida-2011-H0487-Introduced.html
HB 487 |
1 | |
2 | An act relating to dextromethorphan; amending s. 893.1495, |
3 | F.S., and reenacting subsection (11), relating to |
4 | penalties; revising a definition; prohibiting obtaining or |
5 | delivering to an individual in a retail sale any |
6 | nonprescription compound, mixture, or preparation |
7 | containing dextromethorphan or related compounds in excess |
8 | of specified amounts; regulating retail display of |
9 | products containing dextromethorphan or related compounds; |
10 | requiring the training of retail employees; requiring a |
11 | person who purchases or otherwise acquires a |
12 | nonprescription compound, mixture, or preparation |
13 | containing any detectable quantity of dextromethorphan or |
14 | related compounds to meet specified requirements; |
15 | providing criminal penalties; providing limited civil |
16 | immunity for the release of information to law enforcement |
17 | officers; providing an effective date. |
18 | |
19 | Be It Enacted by the Legislature of the State of Florida: |
20 | |
21 | Section 1. Subsections (1) through (4), paragraph (a) of |
22 | subsection (5), and subsection (13) of section 893.1495, Florida |
23 | Statutes, are amended, and subsection (11) of that section is |
24 | reenacted, to read: |
25 | 893.1495 Retail sale of ephedrine, dextromethorphan, and |
26 | related compounds.- |
27 | (1) For purposes of this section, the term "ephedrine, |
28 | dextromethorphan, or related compounds" means ephedrine, |
29 | pseudoephedrine, phenylpropanolamine, dextromethorphan, or any |
30 | of their salts, optical isomers, or salts of optical isomers. |
31 | (2) A person may not knowingly obtain or deliver to an |
32 | individual in any retail over-the-counter sale any |
33 | nonprescription compound, mixture, or preparation containing |
34 | ephedrine, dextromethorphan, or related compounds in excess of |
35 | the following amounts: |
36 | (a) In any single day, any number of packages that contain |
37 | a total of 3.6 grams of ephedrine, dextromethorphan, or related |
38 | compounds; |
39 | (b) In any single retail, over-the-counter sale, three |
40 | packages, regardless of weight, containing ephedrine, |
41 | dextromethorphan, or related compounds; or |
42 | (c) In any 30-day period, in any number of retail, over- |
43 | the-counter sales, a total of 9 grams or more of ephedrine, |
44 | dextromethorphan, or related compounds. |
45 | (3) A person may not knowingly display and offer for |
46 | retail sale any nonprescription compound, mixture, or |
47 | preparation containing ephedrine, dextromethorphan, or related |
48 | compounds other than behind a checkout counter where the public |
49 | is not permitted or other such location that is not otherwise |
50 | accessible to the general public. |
51 | (4) A person who is the owner or primary operator of a |
52 | retail outlet where any nonprescription compound, mixture, or |
53 | preparation containing ephedrine, dextromethorphan, or related |
54 | compounds is available for sale may not knowingly allow an |
55 | employee to engage in the retail sale of such compound, mixture, |
56 | or preparation unless the employee has completed an employee |
57 | training program that shall include, at a minimum, basic |
58 | instruction on state and federal regulations relating to the |
59 | sale and distribution of such compounds, mixtures, or |
60 | preparations. |
61 | (5)(a)1. Any person purchasing, receiving, or otherwise |
62 | acquiring any nonprescription compound, mixture, or preparation |
63 | containing any detectable quantity of ephedrine, |
64 | dextromethorphan, or related compounds must: |
65 | a. |
66 | b. |
67 | showing his or her name, date of birth, address, and photo |
68 | identification number or an alternative form of identification |
69 | acceptable under federal regulation 8 C.F.R. s. |
70 | 274a.2(b)(1)(v)(A) and (B). |
71 | 2. |
72 | acquiring any nonprescription compound, mixture, or preparation |
73 | containing any detectable quantity of ephedrine or related |
74 | compounds must sign his or her name on a record of the purchase, |
75 | either on paper or on an electronic signature capture device. |
76 | (11) Any individual who violates subsection (2), |
77 | subsection (3), or subsection (4) commits: |
78 | (a) For a first offense, a misdemeanor of the second |
79 | degree, punishable as provided in s. 775.083. |
80 | (b) For a second offense, a misdemeanor of the first |
81 | degree, punishable as provided in s. 775.082 or s. 775.083. |
82 | (c) For a third or subsequent offense, a felony of the |
83 | third degree, punishable as provided in s. 775.082, s. 775.083, |
84 | or s. 775.084. |
85 | (13) A person who sells any product containing ephedrine, |
86 | dextromethorphan, or related compounds who in good faith |
87 | releases information under this section to federal, state, or |
88 | local law enforcement officers, or any person acting on behalf |
89 | of such an officer, is immune from civil liability for the |
90 | release unless the release constitutes gross negligence or |
91 | intentional, wanton, or willful misconduct. |
92 | Section 2. This act shall take effect July 1, 2011. |
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