Bill Text: FL S1050 | 2010 | Regular Session | Comm Sub

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-Comm_Sub.html

---

 
Florida Senate - 2010                             CS for SB 1050 
 
By the Committee on Criminal Justice; and Senators Baker and 
Siplin 
591-03242-10                                          20101050c1 
1                        A bill to be entitled 
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 the retail sale any nonprescription 
6         compound, mixture, or preparation containing ephedrine 
7         or related compounds in excess of specified amounts; 
8         revising provisions relating to retail display of 
9         products containing ephedrine or related compounds; 
10         revising provisions relating to the training of retail 
11         employees; requiring a purchaser of a nonprescription 
12         compound, mixture, or preparation containing any 
13         detectable quantity of ephedrine or related compounds 
14         to meet specified requirements; requiring the use of 
15         an electronic recordkeeping mechanism approved by the 
16         Department of Law Enforcement for such transactions to 
17         record specified information; providing exemptions 
18         from the electronic recordkeeping requirement; 
19         revising provisions concerning local ordinances or 
20         regulations; providing exemptions for certain 
21         entities; conforming provisions governing criminal 
22         penalties for violations; requiring the Department of 
23         Law Enforcement to adopt rules; providing an effective 
24         date. 
25 
26  Be It Enacted by the Legislature of the State of Florida: 
27 
28         Section 1. Section 893.1495, Florida Statutes, is amended 
29  to read: 
30         893.1495 Retail sale of ephedrine and related compounds.— 
31         (1) For purposes of this section, the term “ephedrine or 
32  related compounds” means ephedrine, pseudoephedrine, 
33  phenylpropanolamine, or any of their salts, optical isomers, or 
34  salts of optical isomers. 
35         (2)(1) A No person may not shall knowingly obtain or 
36  deliver to an individual in any single retail over-the-counter 
37  sale any number of packages of any nonprescription compound, 
38  mixture, or preparation drug containing a sole active ingredient 
39  that contains a combined total of more than 9 base grams of 
40  ephedrine or related compounds in excess of the following 
41  amounts: 
42         (a) In any single day, any number of packages that contain 
43  a total of 3.6 grams of ephedrine or related compounds; 
44         (b) In any single retail, over-the-counter sale, three 
45  packages, regardless of weight, containing ephedrine or related 
46  compounds; or 
47         (c) In any 30-day period, in any number of retail, over 
48  the-counter sales, a total of 9 grams or more of ephedrine or 
49  related compounds, pseudoephedrine, phenylpropanolamine, or any 
50  of their salts, optical isomers, or salts of optical isomers, or 
51  more than three packages in any single retail over-the-counter 
52  sale, regardless of weight, containing any such sole active 
53  ingredient. 
54         (3)(2) A No person may not shall knowingly display and 
55  offer for retail sale packages of any nonprescription compound, 
56  mixture, or preparation containing drug having a sole active 
57  ingredient of ephedrine or related compounds, pseudoephedrine, 
58  phenylpropanolamine, or any of their salts or optical isomers 
59  other than behind a checkout counter where the public is not 
60  permitted or other such location that is not otherwise 
61  accessible to the general public. 
62         (4)(3) A No person who is the owner or primary operator of 
63  a retail outlet where any nonprescription compound, mixture, or 
64  preparation containing ephedrine or related compounds is, 
65  pseudoephedrine, or phenylpropanolamine products are available 
66  for sale may not shall knowingly allow an employee to engage in 
67  the retail sale of such compound, mixture, or preparation 
68  products unless the employee has completed an employee training 
69  program that shall include, at a minimum, basic instruction on 
70  state and federal regulations relating to the sale and 
71  distribution of such compounds, mixtures, or preparations 
72  products. 
73         (5)(a) Any person purchasing, receiving, or otherwise 
74  acquiring any nonprescription compound, mixture, or preparation 
75  containing any detectable quantity of ephedrine or related 
76  compounds must: 
77         1. Be at least 18 years of age. 
78         2. Produce a government-issued photo identification showing 
79  his or her name, date of birth, address, and photo 
80  identification number. 
81         3. Sign his or her name on a record of the purchase, either 
82  on paper or on an electronic signature capture device. 
83         (b) The Department of Law Enforcement shall approve an 
84  electronic recordkeeping system for the purpose of recording and 
85  monitoring the real-time purchase of products containing 
86  ephedrine or related compounds and for the purpose of monitoring 
87  this information in order to prevent or investigate illegal 
88  purchases of these products. The approved electronic 
89  recordkeeping system shall be provided to a pharmacy or retailer 
90  without any additional cost or expense. A pharmacy or retailer 
91  may request an exemption from electronic reporting from the 
92  Department of Law Enforcement if the pharmacy or retailer lacks 
93  the technology to access the electronic recordkeeping system and 
94  such pharmacy or retailer maintains a sales volume of less than 
95  72 grams of ephedrine or related compounds in a 30-day period. 
96  The electronic recordkeeping system shall record the following: 
97         1. The date and time of the transaction. 
98         2. The name, date of birth, address, and photo 
99  identification number of the purchaser, as well as the type of 
100  identification and the government of issuance. 
101         3. The number of packages purchased, the total grams per 
102  package, and the name of the compound, mixture, or preparation 
103  containing ephedrine or related compounds. 
104         4. The signature of the purchaser, or a unique number 
105  relating the transaction to a paper signature maintained at the 
106  retail premises. 
107         (c) The electronic recordkeeping system shall provide for: 
108         1. Real-time tracking of nonprescription over-the-counter 
109  sales under this section. 
110         2. The blocking of nonprescription over-the-counter sales 
111  in excess of those allowed by the laws of this state or federal 
112  law. 
113         (6) A nonprescription compound, mixture, or preparation 
114  containing any quantity of ephedrine or related compounds may 
115  not be sold over the counter unless reported to an electronic 
116  recordkeeping system approved by the Department of Law 
117  Enforcement. 
118         (7) Prior to completing a transaction, a pharmacy or 
119  retailer distributing products containing ephedrine or related 
120  compounds to consumers in this state shall submit all required 
121  data into an electronic recordkeeping system approved by the 
122  Department of Law Enforcement at the point of sale or through an 
123  interface with the electronic recordkeeping system, unless 
124  granted an exemption by the Department of Law Enforcement 
125  pursuant to paragraph (5)(b). 
126         (8) The data submitted to the electronic recordkeeping 
127  system must be retained within the system for no less than 2 
128  years following the date of entry. 
129         (9)(4) The requirements of this section relating to the 
130  marketing, sale, or distribution of products containing 
131  ephedrine or related compounds, pseudoephedrine, or 
132  phenylpropanolamine products shall supersede any local ordinance 
133  or regulation passed by a county, municipality, or other local 
134  governmental authority. 
135         (10) This section does not apply to: 
136         (a) Licensed manufacturers manufacturing and lawfully 
137  distributing products in the channels of commerce. 
138         (b) Wholesalers lawfully distributing products in the 
139  channels of commerce. 
140         (c) Health care facilities licensed under chapter 395. 
141         (d) Licensed long-term care facilities. 
142         (e) Government-operated health departments. 
143         (f) Physicians’ offices. 
144         (g) Publicly operated prisons, jails, or juvenile 
145  correctional facilities or private adult or juvenile 
146  correctional facilities under contract with the state. 
147         (h) Public or private educational institutions maintaining 
148  health care programs. 
149         (i) Government-operated or industry-operated medical 
150  facilities serving employees of the government or industry 
151  operating them. 
152         (11)(5) Any individual who violates subsection (1), 
153  subsection (2), or subsection (3), or subsection (4) commits: 
154         (a) For a first offense, a misdemeanor of the second 
155  degree, punishable as provided in s. 775.083. 
156         (b) For a second offense, a misdemeanor of the first 
157  degree, punishable as provided in s. 775.082 or s. 775.083. 
158         (c) For a third or subsequent offense, a felony of the 
159  third degree, punishable as provided in s. 775.082, s. 775.083, 
160  or s. 775.084. 
161         (12) Information contained within the electronic 
162  recordkeeping system shall be disclosed in a manner authorized 
163  by state or federal law. 
164         (13) A person who sells any product containing ephedrine or 
165  related compounds who in good faith complies with the 
166  requirements of this section is immune from civil liability for 
167  the release of the information. 
168         (14) The Department of Law enforcement shall contract or 
169  enter into a memorandum of understanding, as applicable, with a 
170  private third-party administrator to implement the electronic 
171  recordkeeping system required by this section. 
172         (15) The Department of Law Enforcement shall adopt rules 
173  necessary to implement this section. 
174         Section 2. This act shall take effect July 1, 2010, and 
175  shall be implemented by January 1, 2011.