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

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

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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

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Florida Senate - 2010                      CS for CS for SB 1050 
 
By the Committees on Judiciary; and Criminal Justice; and 
Senators Baker, Siplin, and Gaetz 
590-04411-10                                          20101050c2 
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 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; prohibiting any retailer or entity that 
22         collects information on behalf of a retailer from 
23         accessing or using the information, except for law 
24         enforcement purposes or to facilitate a product recall 
25         for public health and safety; providing limited civil 
26         immunity for the release of information to law 
27         enforcement officers; conforming provisions governing 
28         criminal penalties for violations; requiring the 
29         Department of Law Enforcement to adopt rules; 
30         providing an effective date. 
31 
32  Be It Enacted by the Legislature of the State of Florida: 
33 
34         Section 1. Section 893.1495, Florida Statutes, is amended 
35  to read: 
36         893.1495 Retail sale of ephedrine and related compounds.— 
37         (1) For purposes of this section, the term “ephedrine or 
38  related compounds” means ephedrine, pseudoephedrine, 
39  phenylpropanolamine, or any of their salts, optical isomers, or 
40  salts of optical isomers. 
41         (2)(1) A No person may not shall knowingly obtain or 
42  deliver to an individual in any single retail over-the-counter 
43  sale any number of packages of any nonprescription compound, 
44  mixture, or preparation drug containing a sole active ingredient 
45  that contains a combined total of more than 9 base grams of 
46  ephedrine or related compounds in excess of the following 
47  amounts: 
48         (a) In any single day, any number of packages that contain 
49  a total of 3.6 grams of ephedrine or related compounds; 
50         (b) In any single retail, over-the-counter sale, three 
51  packages, regardless of weight, containing ephedrine or related 
52  compounds; or 
53         (c) In any 30-day period, in any number of retail, over 
54  the-counter sales, a total of 9 grams or more of ephedrine or 
55  related compounds, pseudoephedrine, phenylpropanolamine, or any 
56  of their salts, optical isomers, or salts of optical isomers, or 
57  more than three packages in any single retail over-the-counter 
58  sale, regardless of weight, containing any such sole active 
59  ingredient. 
60         (3)(2) A No person may not shall knowingly display and 
61  offer for retail sale packages of any nonprescription compound, 
62  mixture, or preparation containing drug having a sole active 
63  ingredient of ephedrine or related compounds, pseudoephedrine, 
64  phenylpropanolamine, or any of their salts or optical isomers 
65  other than behind a checkout counter where the public is not 
66  permitted or other such location that is not otherwise 
67  accessible to the general public. 
68         (4)(3) A No person who is the owner or primary operator of 
69  a retail outlet where any nonprescription compound, mixture, or 
70  preparation containing ephedrine or related compounds is, 
71  pseudoephedrine, or phenylpropanolamine products are available 
72  for sale may not shall knowingly allow an employee to engage in 
73  the retail sale of such compound, mixture, or preparation 
74  products unless the employee has completed an employee training 
75  program that shall include, at a minimum, basic instruction on 
76  state and federal regulations relating to the sale and 
77  distribution of such compounds, mixtures, or preparations 
78  products. 
79         (5)(a) Any person purchasing, receiving, or otherwise 
80  acquiring any nonprescription compound, mixture, or preparation 
81  containing any detectable quantity of ephedrine or related 
82  compounds must: 
83         1. Be at least 18 years of age. 
84         2. Produce a government-issued photo identification showing 
85  his or her name, date of birth, address, and photo 
86  identification number or an alternative form of identification 
87  acceptable under federal regulation 8 C.F.R. s. 
88  274a.2(b)(1)(v)(A) and (B). 
89         3. Sign his or her name on a record of the purchase, either 
90  on paper or on an electronic signature capture device. 
91         (b) The Department of Law Enforcement shall approve an 
92  electronic recordkeeping system for the purpose of recording and 
93  monitoring the real-time purchase of products containing 
94  ephedrine or related compounds and for the purpose of monitoring 
95  this information in order to prevent or investigate illegal 
96  purchases of these products. The approved electronic 
97  recordkeeping system shall be provided to a pharmacy or retailer 
98  without any additional cost or expense. A pharmacy or retailer 
99  may request an exemption from electronic reporting from the 
100  Department of Law Enforcement if the pharmacy or retailer lacks 
101  the technology to access the electronic recordkeeping system and 
102  such pharmacy or retailer maintains a sales volume of less than 
103  72 grams of ephedrine or related compounds in a 30-day period. 
104  The electronic recordkeeping system shall record the following: 
105         1. The date and time of the transaction. 
106         2. The name, date of birth, address, and photo 
107  identification number of the purchaser, as well as the type of 
108  identification and the government of issuance. 
109         3. The number of packages purchased, the total grams per 
110  package, and the name of the compound, mixture, or preparation 
111  containing ephedrine or related compounds. 
112         4. The signature of the purchaser, or a unique number 
113  relating the transaction to a paper signature maintained at the 
114  retail premises. 
115         (c) The electronic recordkeeping system shall provide for: 
116         1. Real-time tracking of nonprescription over-the-counter 
117  sales under this section. 
118         2. The blocking of nonprescription over-the-counter sales 
119  in excess of those allowed by the laws of this state or federal 
120  law. 
121         (6) A nonprescription compound, mixture, or preparation 
122  containing any quantity of ephedrine or related compounds may 
123  not be sold over the counter unless reported to an electronic 
124  recordkeeping system approved by the Department of Law 
125  Enforcement. This subsection does not apply if the pharmacy or 
126  retailer has received an exemption from the Department of Law 
127  Enforcement under paragraph (5)(b). 
128         (7) Prior to completing a transaction, a pharmacy or 
129  retailer distributing products containing ephedrine or related 
130  compounds to consumers in this state shall submit all required 
131  data into an electronic recordkeeping system approved by the 
132  Department of Law Enforcement at the point of sale or through an 
133  interface with the electronic recordkeeping system, unless 
134  granted an exemption by the Department of Law Enforcement 
135  pursuant to paragraph (5)(b). 
136         (8) The data submitted to the electronic recordkeeping 
137  system must be retained within the system for no less than 2 
138  years following the date of entry. 
139         (9)(4) The requirements of this section relating to the 
140  marketing, sale, or distribution of products containing 
141  ephedrine or related compounds, pseudoephedrine, or 
142  phenylpropanolamine products shall supersede any local ordinance 
143  or regulation passed by a county, municipality, or other local 
144  governmental authority. 
145         (10) This section does not apply to: 
146         (a) Licensed manufacturers manufacturing and lawfully 
147  distributing products in the channels of commerce. 
148         (b) Wholesalers lawfully distributing products in the 
149  channels of commerce. 
150         (c) Health care facilities licensed under chapter 395. 
151         (d) Licensed long-term care facilities. 
152         (e) Government-operated health departments. 
153         (f) Physicians’ offices. 
154         (g) Publicly operated prisons, jails, or juvenile 
155  correctional facilities or private adult or juvenile 
156  correctional facilities under contract with the state. 
157         (h) Public or private educational institutions maintaining 
158  health care programs. 
159         (i) Government-operated or industry-operated medical 
160  facilities serving employees of the government or industry 
161  operating them. 
162         (11)(5) Any individual who violates subsection (1), 
163  subsection (2), or subsection (3), or subsection (4) commits: 
164         (a) For a first offense, a misdemeanor of the second 
165  degree, punishable as provided in s. 775.083. 
166         (b) For a second offense, a misdemeanor of the first 
167  degree, punishable as provided in s. 775.082 or s. 775.083. 
168         (c) For a third or subsequent offense, a felony of the 
169  third degree, punishable as provided in s. 775.082, s. 775.083, 
170  or s. 775.084. 
171         (12) Information contained within the electronic 
172  recordkeeping system shall be disclosed in a manner authorized 
173  by state or federal law. Any retailer or entity that collects 
174  information on behalf of a retailer as required by the Combat 
175  Methamphetamine Epidemic Act of 2005 and this section may not 
176  access or use that information, except for law enforcement 
177  purposes pursuant to state or federal law or to facilitate a 
178  product recall for public health and safety. 
179         (13) A person who sells any product containing ephedrine or 
180  related compounds who in good faith releases information under 
181  this section to federal, state, or local law enforcement 
182  officers, or any person acting on behalf of such an officer, is 
183  immune from civil liability for the release unless the release 
184  constitutes gross negligence or intentional, wanton, or willful 
185  misconduct. 
186         (14) The Department of Law enforcement shall contract or 
187  enter into a memorandum of understanding, as applicable, with a 
188  private third-party administrator to implement the electronic 
189  recordkeeping system required by this section. 
190         (15) The Department of Law Enforcement shall adopt rules 
191  necessary to implement this section. 
192         Section 2. This act shall take effect July 1, 2010, and 
193  shall be implemented by January 1, 2011.