Bill Text: FL S1050 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Ephedrine or Related Compounds/Sale [SPSC]

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-191 [S1050 Detail]

Download: Florida-2010-S1050-Introduced.html

---

 
Florida Senate - 2010                                    SB 1050 
 
By Senator Baker 
20-00357C-10                                          20101050__ 
1                        A bill to be entitled 
2         An act relating to the sale of methamphetamine 
3         pharmaceutical products; defining terms; prohibiting 
4         the retail sale of more than a specified amount of 
5         ephedrine base, pseudoephedrine base, or 
6         phenylpropanolamine base contained in a scheduled 
7         listed chemical product; providing criminal penalties; 
8         prohibiting the retail purchase within a specified 
9         period of more than a certain amount of ephedrine 
10         base, pseudoephedrine base, or phenylpropanolamine 
11         base; providing criminal penalties; providing for the 
12         recordation of sales of scheduled listed chemical 
13         products; requiring each seller of scheduled listed 
14         chemical products to maintain a logbook to record 
15         sales; providing for the seller and the purchaser to 
16         perform certain specified duties involving the 
17         logbook; providing that information in the logbook may 
18         be disclosed under certain circumstances; providing 
19         that a purchaser who knowingly or willfully provides 
20         false or misleading representations to a seller or 
21         includes such information in a logbook commits a 
22         felony of the third degree; providing criminal 
23         penalties; providing for a methamphetamine monitoring 
24         system within the Department of Law Enforcement; 
25         providing legislative intent; defining terms; 
26         requiring a pharmacy to maintain a written or 
27         electronic log or receipt of a transaction involving 
28         the sale of products containing ephedrine, 
29         pseudoephedrine, or phenylpropanolamine; providing 
30         criminal penalties; providing requirements for the 
31         methamphetamine monitoring system; authorizing certain 
32         persons to have access to specified information 
33         contained in the methamphetamine monitoring system; 
34         requiring the Department of Law Enforcement to adopt 
35         rules; providing an effective date. 
36 
37  Be It Enacted by the Legislature of the State of Florida: 
38 
39         Section 1. Precursor listed chemicals; restrictions on 
40  sales quantity; penalties.— 
41         (1) As used in this section, the term “scheduled listed 
42  chemical product” has the same meaning as provided in 21 U.S.C. 
43  s. 802. 
44         (2)(a) A person may not sell to a purchaser at retail 
45  ephedrine base, pseudoephedrine base, or phenylpropanolamine 
46  base in a scheduled listed chemical product if: 
47         1. The quantity of the base exceeds a daily amount of 3.6 
48  grams, without regard to the number of transactions; or 
49         2. The product is in a nonliquid form, including gel caps, 
50  unless the product is packaged in blister packs, with each 
51  blister pack containing not more than two dosage units, or, if 
52  the use of blister packs is technically infeasible, the product 
53  is packaged in unit-dose packets or pouches. 
54         (b) A person who knowingly or willfully violates paragraph 
55  (a) commits a felony of the third degree, punishable as provided 
56  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. 
57         (3)(a) A person may not knowingly or willfully purchase at 
58  retail during a 30-day period more than 9 grams of ephedrine 
59  base, pseudoephedrine base, or phenylpropanolamine base in a 
60  scheduled listed chemical product. 
61         (b) A person who knowingly or willfully violates paragraph 
62  (a) commits a felony of the third degree, punishable as provided 
63  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. A 
64  second or subsequent violation of paragraph (a) is a felony of 
65  the second degree, punishable as provided in s. 775.082, s. 
66  775.083, or s. 775.084, Florida Statutes. 
67         Section 2. Recordation of sales of scheduled listed 
68  chemical products; maintenance of a logbook to record sales; 
69  disclosure of information.— 
70         (1) As used in this section, the term “scheduled listed 
71  chemical product” has the same meaning as provided in 21 U.S.C. 
72  s. 802. 
73         (2) A person who sells a scheduled listed chemical product 
74  must maintain a written or electronic logbook of each such sale. 
75         (a) The logbook must identify each product sold by name of 
76  the product, the quantity sold, the name and address of each 
77  purchaser, and the date and time of the sale. 
78         (b) The person who sells a scheduled listed chemical 
79  product must maintain each entry in the logbook for not less 
80  than 2 years after the date on which the entry is made. 
81         (3) The person who sells any scheduled listed chemical 
82  product: 
83         (a) May not sell a scheduled listed chemical product unless 
84  the prospective purchaser: 
85         1. Presents an identification card that provides a 
86  photograph and is issued by a state or the Federal Government; 
87         2. Enters in the logbook his or her name, address, and the 
88  date and time of the sale; and 
89         3. Signs the logbook. 
90         (b) Must determine that the name of the purchaser entered 
91  into the logbook corresponds to the name provided on the 
92  identification document and that the date and time recorded for 
93  the sale are correct. 
94         (4) This section does not apply to any purchase by an 
95  individual of a single sales package if that package contains 
96  not more than 60 milligrams of pseudoephedrine. 
97         (5)(a) In order to protect the privacy of individuals who 
98  purchase scheduled listed chemical products, the disclosure of 
99  information in logbooks is restricted as follows: 
100         1. The information must be disclosed as appropriate to 
101  state and local law enforcement agencies. 
102         2. The information in the logbooks may not be accessed, 
103  used, or shared for any purpose other than to ensure compliance 
104  with this section or to facilitate a product recall to protect 
105  public health and safety. 
106         (b) A person who sells a scheduled listed chemical product 
107  who in good faith releases information in a logbook to federal, 
108  state, or local law enforcement agencies is immune from civil 
109  liability for the release of the information unless the release 
110  constitutes gross negligence or intentional, wanton, or willful 
111  misconduct. 
112         (6) A purchaser who knowingly or willfully provides false 
113  or misleading representations to the seller or includes such 
114  false or misleading representations in a logbook commits a 
115  felony of the third degree, punishable as provided in s. 
116  775.082, s. 775.083, or s. 775.084, Florida Statutes. 
117         Section 3. Intent; methamphetamine monitoring system; 
118  penalties.— 
119         (1) It is the intent of the Legislature to reduce and 
120  prevent the operation of clandestine methamphetamine 
121  laboratories and the contamination of private property by such 
122  laboratories in this state. At this time, the state does not 
123  have a centralized real-time electronic logbook database that 
124  records purchases of products containing ephedrine, 
125  pseudoephedrine, or phenylpropanolamine. The Legislature 
126  believes that the absence of such a centralized electronic 
127  database in this state permits and encourages criminals to 
128  illegally purchase large quantities of precursor chemical 
129  products for the production of methamphetamine by going from 
130  store to store and, sometimes, from state to state. The 
131  Legislature believes that law enforcement officials need this 
132  critical tool to combat methamphetamine production in this 
133  state. It is the intent of the Legislature that electronic 
134  documentation of purchases be used to stop the ever-increasing 
135  threat posed by the illegal production of methamphetamine. Other 
136  states are adopting similar measures, thereby encouraging 
137  methamphetamine producers to relocate to other states which are 
138  unable to track their unlawful activities. The Legislature 
139  believes that immediate action is necessary to protect the 
140  children of this state from the increasing harm caused by 
141  methamphetamine producers. 
142         (2) As used in this section, the term: 
143         (a) “Methamphetamine monitoring system” means a real-time 
144  electronic logbook database system operated and maintained by 
145  the Department of Law Enforcement for the purpose of recording 
146  information relating to the purchase of products containing 
147  ephedrine, pseudoephedrine, or phenylpropanolamine, and for the 
148  purpose of monitoring this information in order to prevent 
149  illegal purchases of these products. 
150         (b) “Pharmacy” has the same meaning as provided in s. 
151  499.003, Florida Statutes. 
152         (3) There is created within the Department of Law 
153  Enforcement a methamphetamine monitoring system for the purpose 
154  of recording and monitoring the purchase of products containing 
155  ephedrine, pseudoephedrine, or phenylpropanolamine. 
156         (a) Each pharmacy dispensing products containing ephedrine, 
157  pseudoephedrine, or phenylpropanolamine to consumers in this 
158  state shall maintain a written or electronic log or receipt of 
159  each transaction involving the sale of such products. The 
160  pharmacy shall also enter into the methamphetamine monitoring 
161  system such information pertaining to the transaction as is 
162  required by this section and the department, including the name 
163  of the purchaser, the date of purchase, and the quantity 
164  purchased. A retailer other than a pharmacy may not make retail 
165  sales or distributions of products containing ephedrine, 
166  pseudoephedrine, or phenylpropanolamine to a consumer. 
167         (b) A person purchasing, receiving, or otherwise acquiring 
168  a product containing ephedrine, pseudoephedrine, or 
169  phenylpropanolamine must be 18 years of age or older and must 
170  produce current, valid photographic identification and sign a 
171  written or electronic log or receipt that documents the date of 
172  the transaction, the name of the person, and the quantity of the 
173  product containing ephedrine, pseudoephedrine, or 
174  phenylpropanolamine which was purchased, received, or otherwise 
175  acquired. 
176         (c) A person who violates any provision of this subsection 
177  commits a misdemeanor of the first degree, punishable as 
178  provided in s. 775.082 or s. 775.083, Florida Statutes. Each 
179  separate transaction for which required records are not 
180  generated or maintained constitutes a separate offense. 
181         (4)(a) Subject to available funding, the department shall 
182  provide pharmacies dispensing products in this state access to a 
183  real-time electronic logbook system, to be the designated 
184  methamphetamine monitoring system, for the purpose of entering 
185  into the electronic database any transaction required to be 
186  reported by this section, including the sale and amount 
187  purchased of any product containing ephedrine, pseudoephedrine, 
188  or phenylpropanolamine. 
189         (b) The methamphetamine monitoring system must have the 
190  capability to calculate both state and federal purchase 
191  limitations for ephedrine, pseudoephedrine, or 
192  phenylpropanolamine; to match similar identification 
193  information; and to alert pharmacies of potential illegal 
194  purchases. Except as authorized by this section, the department 
195  may not disclose any information entered, collected, recorded, 
196  transmitted, or maintained in the methamphetamine monitoring 
197  system. 
198         (c) The department shall provide access to information 
199  maintained in the methamphetamine monitoring system to: 
200         1. Any person authorized to prescribe or dispense products 
201  containing ephedrine, pseudoephedrine, or phenylpropanolamine 
202  for the purpose of providing medical care or pharmaceutical 
203  care; 
204         2. Any local, state, or federal law enforcement official, a 
205  state attorney, or a United States attorney; 
206         3. A local, state, or federal official who requests access 
207  to the monitoring system for the purpose of facilitating a 
208  product recall necessary for the protection of the public health 
209  and safety; and 
210         4. The Board of Pharmacy for the purpose of investigating 
211  misconduct or a suspicious transaction committed by a pharmacy, 
212  an employee of a pharmacy, or a pharmacist. 
213         (5) The department shall adopt rules necessary to 
214  administer this section. 
215         Section 4. This act shall take effect July 1, 2010.