HB 487

1
A bill to be entitled
2An act relating to dextromethorphan; amending s. 893.1495,
3F.S., and reenacting subsection (11), relating to
4penalties; revising a definition; prohibiting obtaining or
5delivering to an individual in a retail sale any
6nonprescription compound, mixture, or preparation
7containing dextromethorphan or related compounds in excess
8of specified amounts; regulating retail display of
9products containing dextromethorphan or related compounds;
10requiring the training of retail employees; requiring a
11person who purchases or otherwise acquires a
12nonprescription compound, mixture, or preparation
13containing any detectable quantity of dextromethorphan or
14related compounds to meet specified requirements;
15providing criminal penalties; providing limited civil
16immunity for the release of information to law enforcement
17officers; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsections (1) through (4), paragraph (a) of
22subsection (5), and subsection (13) of section 893.1495, Florida
23Statutes, are amended, and subsection (11) of that section is
24reenacted, to read:
25     893.1495  Retail sale of ephedrine, dextromethorphan, and
26related compounds.-
27     (1)  For purposes of this section, the term "ephedrine,
28dextromethorphan, or related compounds" means ephedrine,
29pseudoephedrine, phenylpropanolamine, dextromethorphan, or any
30of their salts, optical isomers, or salts of optical isomers.
31     (2)  A person may not knowingly obtain or deliver to an
32individual in any retail over-the-counter sale any
33nonprescription compound, mixture, or preparation containing
34ephedrine, dextromethorphan, or related compounds in excess of
35the following amounts:
36     (a)  In any single day, any number of packages that contain
37a total of 3.6 grams of ephedrine, dextromethorphan, or related
38compounds;
39     (b)  In any single retail, over-the-counter sale, three
40packages, regardless of weight, containing ephedrine,
41dextromethorphan, or related compounds; or
42     (c)  In any 30-day period, in any number of retail, over-
43the-counter sales, a total of 9 grams or more of ephedrine,
44dextromethorphan, or related compounds.
45     (3)  A person may not knowingly display and offer for
46retail sale any nonprescription compound, mixture, or
47preparation containing ephedrine, dextromethorphan, or related
48compounds other than behind a checkout counter where the public
49is not permitted or other such location that is not otherwise
50accessible to the general public.
51     (4)  A person who is the owner or primary operator of a
52retail outlet where any nonprescription compound, mixture, or
53preparation containing ephedrine, dextromethorphan, or related
54compounds is available for sale may not knowingly allow an
55employee to engage in the retail sale of such compound, mixture,
56or preparation unless the employee has completed an employee
57training program that shall include, at a minimum, basic
58instruction on state and federal regulations relating to the
59sale and distribution of such compounds, mixtures, or
60preparations.
61     (5)(a)1.  Any person purchasing, receiving, or otherwise
62acquiring any nonprescription compound, mixture, or preparation
63containing any detectable quantity of ephedrine,
64dextromethorphan, or related compounds must:
65     a.1.  Be at least 18 years of age.
66     b.2.  Produce a government-issued photo identification
67showing his or her name, date of birth, address, and photo
68identification number or an alternative form of identification
69acceptable under federal regulation 8 C.F.R. s.
70274a.2(b)(1)(v)(A) and (B).
71     2.3.  Any person purchasing, receiving, or otherwise
72acquiring any nonprescription compound, mixture, or preparation
73containing any detectable quantity of ephedrine or related
74compounds must sign his or her name on a record of the purchase,
75either on paper or on an electronic signature capture device.
76     (11)  Any individual who violates subsection (2),
77subsection (3), or subsection (4) commits:
78     (a)  For a first offense, a misdemeanor of the second
79degree, punishable as provided in s. 775.083.
80     (b)  For a second offense, a misdemeanor of the first
81degree, punishable as provided in s. 775.082 or s. 775.083.
82     (c)  For a third or subsequent offense, a felony of the
83third degree, punishable as provided in s. 775.082, s. 775.083,
84or s. 775.084.
85     (13)  A person who sells any product containing ephedrine,
86dextromethorphan, or related compounds who in good faith
87releases information under this section to federal, state, or
88local law enforcement officers, or any person acting on behalf
89of such an officer, is immune from civil liability for the
90release unless the release constitutes gross negligence or
91intentional, wanton, or willful misconduct.
92     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.