Bill Text: FL S1156 | 2011 | Regular Session | Introduced
Bill Title: Dextromethorphan
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1156 Detail]
Download: Florida-2011-S1156-Introduced.html
Florida Senate - 2011 SB 1156 By Senator Garcia 40-01395A-11 20111156__ 1 A bill to be entitled 2 An act relating to dextromethorphan; providing a short 3 title; amending s. 893.1495, F.S., and reenacting 4 subsection (11), relating to penalties; revising a 5 definition; prohibiting obtaining or delivering to an 6 individual in a retail sale any nonprescription 7 compound, mixture, or preparation containing 8 dextromethorphan or related compounds in excess of 9 specified amounts; regulating retail display of 10 products containing dextromethorphan or related 11 compounds; requiring the training of retail employees; 12 requiring a person who purchases or otherwise acquires 13 a nonprescription compound, mixture, or preparation 14 containing any detectable quantity of dextromethorphan 15 or related compounds to meet specified requirements; 16 providing criminal penalties; providing limited civil 17 immunity for the release of information to law 18 enforcement officers; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. This act may be cited as the “Andy Maxfield 23 Dextromethorphan Act.” 24 Section 2. Subsections (1) through (4), paragraph (a) of 25 subsection (5), and subsection (13) of section 893.1495, Florida 26 Statutes, are amended, and subsection (11) of that section is 27 reenacted, to read: 28 893.1495 Retail sale of ephedrine, dextromethorphan, and 29 related compounds.— 30 (1) For purposes of this section, the term “ephedrine, 31 dextromethorphan, or related compounds” means ephedrine, 32 pseudoephedrine, phenylpropanolamine, dextromethorphan, or any 33 of their salts, optical isomers, or salts of optical isomers. 34 (2) A person may not knowingly obtain or deliver to an 35 individual in any retail over-the-counter sale any 36 nonprescription compound, mixture, or preparation containing 37 ephedrine, dextromethorphan, or related compounds in excess of 38 the following amounts: 39 (a) In any single day, any number of packages that contain 40 a total of 3.6 grams of ephedrine, dextromethorphan, or related 41 compounds; 42 (b) In any single retail, over-the-counter sale, three 43 packages, regardless of weight, containing ephedrine, 44 dextromethorphan, or related compounds; or 45 (c) In any 30-day period, in any number of retail, over 46 the-counter sales, a total of 9 grams or more of ephedrine, 47 dextromethorphan, or related compounds. 48 (3) A person may not knowingly display and offer for retail 49 sale any nonprescription compound, mixture, or preparation 50 containing ephedrine, dextromethorphan, or related compounds 51 other than behind a checkout counter where the public is not 52 permitted or other such location that is not otherwise 53 accessible to the general public. 54 (4) A person who is the owner or primary operator of a 55 retail outlet where any nonprescription compound, mixture, or 56 preparation containing ephedrine, dextromethorphan, or related 57 compounds is available for sale may not knowingly allow an 58 employee to engage in the retail sale of such compound, mixture, 59 or preparation unless the employee has completed an employee 60 training program that shall include, at a minimum, basic 61 instruction on state and federal regulations relating to the 62 sale and distribution of such compounds, mixtures, or 63 preparations. 64 (5)(a)1. Any person purchasing, receiving, or otherwise 65 acquiring any nonprescription compound, mixture, or preparation 66 containing any detectable quantity of ephedrine, 67 dextromethorphan, or related compounds must: 68 a.1.Be at least 18 years of age. 69 b.2.Produce a government-issued photo identification 70 showing his or her name, date of birth, address, and photo 71 identification number or an alternative form of identification 72 acceptable under federal regulation 8 C.F.R. s. 73 274a.2(b)(1)(v)(A) and (B). 74 2.3.Any person purchasing, receiving, or otherwise 75 acquiring any nonprescription compound, mixture, or preparation 76 containing any detectable quantity of ephedrine or related 77 compounds must sign his or her name on a record of the purchase, 78 either on paper or on an electronic signature capture device. 79 (11) Any individual who violates subsection (2), subsection 80 (3), or subsection (4) commits: 81 (a) For a first offense, a misdemeanor of the second 82 degree, punishable as provided in s. 775.083. 83 (b) For a second offense, a misdemeanor of the first 84 degree, punishable as provided in s. 775.082 or s. 775.083. 85 (c) For a third or subsequent offense, a felony of the 86 third degree, punishable as provided in s. 775.082, s. 775.083, 87 or s. 775.084. 88 (13) A person who sells any product containing ephedrine, 89 dextromethorphan, or related compounds who in good faith 90 releases information under this section to federal, state, or 91 local law enforcement officers, or any person acting on behalf 92 of such an officer, is immune from civil liability for the 93 release unless the release constitutes gross negligence or 94 intentional, wanton, or willful misconduct. 95 Section 3. This act shall take effect July 1, 2011.