Bill Text: FL H0487 | 2011 | Regular Session | Comm Sub

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Bill Title: Dextromethorphan

Spectrum:

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0487 Detail]

Download: Florida-2011-H0487-Comm_Sub.html

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CS/HB 487

1	A bill to be entitled
2	An act relating to dextromethorphan; amending s. 893.1495,
3	F.S., and reenacting subsection (11), relating to
4	penalties; providing a definition; prohibiting obtaining
5	or 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:
28	(a)  "Ephedrine, dextromethorphan, or related compounds"
29	means ephedrine, pseudoephedrine, phenylpropanolamine,
30	dextromethorphan, or any of their salts, optical isomers, or
31	salts of optical isomers.
32	(b)  "Ephedrine or related compounds" means ephedrine,
33	pseudoephedrine, phenylpropanolamine, or any of their salts,
34	optical isomers, or salts of optical isomers.
35	(2)  A person may not knowingly obtain or deliver to an
36	individual in any retail over-the-counter sale any
37	nonprescription compound, mixture, or preparation containing
38	ephedrine, dextromethorphan, or related compounds in excess of
39	the following amounts:
40	(a)  In any single day, any number of packages that contain
41	a total of 3.6 grams of ephedrine, dextromethorphan, or related
42	compounds;
43	(b)  In any single retail, over-the-counter sale, three
44	packages, regardless of weight, containing ephedrine,
45	dextromethorphan, or related compounds; or
46	(c)  In any 30-day period, in any number of retail, over-
47	the-counter sales, a total of 9 grams or more of ephedrine,
48	dextromethorphan, or related compounds.
49	(3)  A person may not knowingly display and offer for
50	retail sale any nonprescription compound, mixture, or
51	preparation containing ephedrine, dextromethorphan, or related
52	compounds other than behind a checkout counter where the public
53	is not permitted or other such location that is not otherwise
54	accessible to the general public.
55	(4)  A person who is the owner or primary operator of a
56	retail outlet where any nonprescription compound, mixture, or
57	preparation containing ephedrine, dextromethorphan, or related
58	compounds is available for sale may not knowingly allow an
59	employee to engage in the retail sale of such compound, mixture,
60	or preparation unless the employee has completed an employee
61	training program that shall include, at a minimum, basic
62	instruction on state and federal regulations relating to the
63	sale and distribution of such compounds, mixtures, or
64	preparations.
65	(5)(a)1.  Any person purchasing, receiving, or otherwise
66	acquiring any nonprescription compound, mixture, or preparation
67	containing any detectable quantity of ephedrine,
68	dextromethorphan, or related compounds must:
69	a.1.  Be at least 18 years of age.
70	b.2.  Produce a government-issued photo identification
71	showing his or her name, date of birth, address, and photo
72	identification number or an alternative form of identification
73	acceptable under federal regulation 8 C.F.R. s.
74	274a.2(b)(1)(v)(A) and (B).
75	2.3.  Any person purchasing, receiving, or otherwise
76	acquiring any nonprescription compound, mixture, or preparation
77	containing any detectable quantity of ephedrine or related
78	compounds must sign his or her name on a record of the purchase,
79	either on paper or on an electronic signature capture device.
80	(11)  Any individual who violates subsection (2),
81	subsection (3), or subsection (4) commits:
82	(a)  For a first offense, a misdemeanor of the second
83	degree, punishable as provided in s. 775.083.
84	(b)  For a second offense, a misdemeanor of the first
85	degree, punishable as provided in s. 775.082 or s. 775.083.
86	(c)  For a third or subsequent offense, a felony of the
87	third degree, punishable as provided in s. 775.082, s. 775.083,
88	or s. 775.084.
89	(13)  A person who sells any product containing ephedrine,
90	dextromethorphan, or related compounds who in good faith
91	releases information under this section to federal, state, or
92	local law enforcement officers, or any person acting on behalf
93	of such an officer, is immune from civil liability for the
94	release unless the release constitutes gross negligence or
95	intentional, wanton, or willful misconduct.
96	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.