Bill Text: FL H1071 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sale of Ephedrine or Related Compounds
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 1050; Laid on Table, companion bill(s) passed, see CS/CS/SB 1050 (Ch. 2010-191) -HJ 01167 [H1071 Detail]
Download: Florida-2010-H1071-Introduced.html
Bill Title: Sale of Ephedrine or Related Compounds
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 1050; Laid on Table, companion bill(s) passed, see CS/CS/SB 1050 (Ch. 2010-191) -HJ 01167 [H1071 Detail]
Download: Florida-2010-H1071-Introduced.html
HB 1071 |
1 | |
2 | An act relating to the sale of ephedrine or related |
3 | compounds; amending s. 893.1495, F.S.; providing a |
4 | definition; prohibiting obtaining or delivering to an |
5 | individual in a retail sale any nonprescription compound, |
6 | mixture, or preparation containing ephedrine or related |
7 | compounds in excess of specified amounts; revising |
8 | provisions relating to retail display of products |
9 | containing ephedrine or related compounds; revising |
10 | provisions relating to retail employee training; requiring |
11 | a purchaser of a nonprescription compound, mixture, or |
12 | preparation containing any detectable quantity of |
13 | ephedrine or related compounds to meet specified |
14 | requirements; requiring use of an electronic recordkeeping |
15 | mechanism approved by the Department of Law Enforcement |
16 | for such transactions to record specified information; |
17 | providing for exemptions from the electronic recordkeeping |
18 | requirement; revising language concerning local ordinances |
19 | or regulations; providing exemptions for certain entities; |
20 | conforming language concerning criminal penalties for |
21 | violations; providing an effective date. |
22 | |
23 | Be It Enacted by the Legislature of the State of Florida: |
24 | |
25 | Section 1. Section 893.1495, Florida Statutes, is amended |
26 | to read: |
27 | 893.1495 Retail sale of ephedrine and related compounds.- |
28 | (1) For purposes of this section, the term "ephedrine or |
29 | related compounds" means ephedrine, pseudoephedrine, |
30 | phenylpropanolamine, or any of their salts, optical isomers, or |
31 | salts of optical isomers. |
32 | (2) |
33 | deliver to an individual in any |
34 | sale |
35 | mixture, or preparation |
36 | |
37 | ephedrine or related compounds in excess of the following |
38 | amounts: |
39 | (a) In any single day, any number of packages that contain |
40 | a total of 3.6 grams of ephedrine or related compounds; |
41 | (b) In any single retail, over-the-counter sale, three |
42 | packages, regardless of weight, containing ephedrine or related |
43 | compounds; or |
44 | (c) In any 30-day period, in any number of retail, over- |
45 | the-counter sales, a total of 9 grams or more of ephedrine or |
46 | related compounds |
47 | |
48 | |
49 | |
50 | |
51 | (3) |
52 | offer for retail sale |
53 | mixture, or preparation containing |
54 | |
55 | |
56 | other than behind a checkout counter where the public is not |
57 | permitted or other such location that is not otherwise |
58 | accessible to the general public. |
59 | (4) |
60 | a retail outlet where any nonprescription compound, mixture, or |
61 | preparation containing ephedrine or related compounds is |
62 | |
63 | for sale may not |
64 | the retail sale of such compound, mixture, or preparation |
65 | |
66 | program that shall include, at a minimum, basic instruction on |
67 | state and federal regulations relating to the sale and |
68 | distribution of such compounds, mixtures, or preparations |
69 | |
70 | (5)(a) Any person purchasing, receiving, or otherwise |
71 | acquiring any nonprescription compound, mixture, or preparation |
72 | containing any detectable quantity of ephedrine or related |
73 | compounds must: |
74 | 1. Be at least 18 years of age. |
75 | 2. Produce a government-issued photo identification |
76 | showing his or her name, date of birth, address, and photo |
77 | identification number. |
78 | 3. Sign his or her name on a record of the purchase, |
79 | either on paper or on an electronic signature capture device. |
80 | (b) An electronic recordkeeping mechanism approved by the |
81 | Department of Law Enforcement shall be used and shall record the |
82 | following: |
83 | 1. Date and time of the transaction. |
84 | 2. Name, date of birth, address, and photo identification |
85 | number of the purchaser, as well as the type of identification |
86 | and the government of issuance. |
87 | 3. The amount and name of the compound, mixture, or |
88 | preparation containing ephedrine or related compounds. |
89 | 4. The signature of the purchaser, or a unique number |
90 | relating the transaction to a paper signature maintained at the |
91 | retail premises. |
92 | (c) The electronic recordkeeping mechanism shall provide |
93 | for: |
94 | 1. Real-time tracking of nonprescription over-the counter |
95 | sales under this section. |
96 | 2. Blocking of nonprescription over-the-counter sales in |
97 | excess of those allowed by the laws of this state or federal |
98 | law. |
99 | (6) A nonprescription compound, mixture, or preparation |
100 | containing any quantity of ephedrine or related compounds may |
101 | not be sold over the counter unless reported to an electronic |
102 | recordkeeping system approved by the Department of Law |
103 | Enforcement. |
104 | (7) Any pharmacy or other retailer may request an |
105 | exemption from electronic reporting from the Department of Law |
106 | Enforcement. The department shall grant an exemption upon a |
107 | reasonable showing of imposition of additional costs to the |
108 | requester. |
109 | (8) |
110 | marketing, sale, or distribution of products containing |
111 | ephedrine or related compounds supersedes |
112 | |
113 | or regulation passed by a county, municipality, or other local |
114 | governmental authority. |
115 | (9) This section does not apply to: |
116 | (a) Licensed manufacturers manufacturing and lawfully |
117 | distributing products in the channels of commerce. |
118 | (b) Wholesalers lawfully distributing products in the |
119 | channels of commerce. |
120 | (c) Health care facilities licensed under chapter 395. |
121 | (d) Licensed long-term care facilities. |
122 | (e) Government-operated health departments. |
123 | (f) Physicians' offices. |
124 | (g) Publicly operated prisons, jails, or juvenile |
125 | correctional facilities or private adult or juvenile |
126 | correctional facilities under contract with the state. |
127 | (h) Public or private educational institutions maintaining |
128 | health care programs. |
129 | (i) Government-operated or industry-operated medical |
130 | facilities serving employees of the government or industry |
131 | operating them. |
132 | (10) |
133 | subsection (2), |
134 | (a) For a first offense, a misdemeanor of the second |
135 | degree, punishable as provided in s. 775.083. |
136 | (b) For a second offense, a misdemeanor of the first |
137 | degree, punishable as provided in s. 775.082 or s. 775.083. |
138 | (c) For a third or subsequent offense, a felony of the |
139 | third degree, punishable as provided in s. 775.082, s. 775.083, |
140 | or s. 775.084. |
141 | Section 2. This act shall take effect July 1, 2010. |
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