| 1 | A bill to be entitled |
| 2 | An act relating to dextromethorphan; amending s. 893.1495, |
| 3 | F.S., and reenacting subsection (11), relating to |
| 4 | penalties; providing a definition; prohibiting obtaining |
| 5 | or delivering to an individual in a retail sale any |
| 6 | nonprescription compound, mixture, or preparation |
| 7 | containing dextromethorphan or related compounds in excess |
| 8 | of specified amounts; regulating retail display of |
| 9 | products containing dextromethorphan or related compounds; |
| 10 | requiring the training of retail employees; requiring a |
| 11 | person who purchases or otherwise acquires a |
| 12 | nonprescription compound, mixture, or preparation |
| 13 | containing any detectable quantity of dextromethorphan or |
| 14 | related compounds to meet specified requirements; |
| 15 | providing criminal penalties; providing limited civil |
| 16 | immunity for the release of information to law enforcement |
| 17 | officers; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsections (1) through (4), paragraph (a) of |
| 22 | subsection (5), and subsection (13) of section 893.1495, Florida |
| 23 | Statutes, are amended, and subsection (11) of that section is |
| 24 | reenacted, to read: |
| 25 | 893.1495 Retail sale of ephedrine, dextromethorphan, and |
| 26 | related compounds.- |
| 27 | (1) For purposes of this section, the term: |
| 28 | (a) "Ephedrine, dextromethorphan, or related compounds" |
| 29 | means ephedrine, pseudoephedrine, phenylpropanolamine, |
| 30 | dextromethorphan, or any of their salts, optical isomers, or |
| 31 | salts of optical isomers. |
| 32 | (b) "Ephedrine or related compounds" means ephedrine, |
| 33 | pseudoephedrine, phenylpropanolamine, or any of their salts, |
| 34 | optical isomers, or salts of optical isomers. |
| 35 | (2) A person may not knowingly obtain or deliver to an |
| 36 | individual in any retail over-the-counter sale any |
| 37 | nonprescription compound, mixture, or preparation containing |
| 38 | ephedrine, dextromethorphan, or related compounds in excess of |
| 39 | the following amounts: |
| 40 | (a) In any single day, any number of packages that contain |
| 41 | a total of 3.6 grams of ephedrine, dextromethorphan, or related |
| 42 | compounds; |
| 43 | (b) In any single retail, over-the-counter sale, three |
| 44 | packages, regardless of weight, containing ephedrine, |
| 45 | dextromethorphan, or related compounds; or |
| 46 | (c) In any 30-day period, in any number of retail, over- |
| 47 | the-counter sales, a total of 9 grams or more of ephedrine, |
| 48 | dextromethorphan, or related compounds. |
| 49 | (3) A person may not knowingly display and offer for |
| 50 | retail sale any nonprescription compound, mixture, or |
| 51 | preparation containing ephedrine, dextromethorphan, or related |
| 52 | compounds other than behind a checkout counter where the public |
| 53 | is not permitted or other such location that is not otherwise |
| 54 | accessible to the general public. |
| 55 | (4) A person who is the owner or primary operator of a |
| 56 | retail outlet where any nonprescription compound, mixture, or |
| 57 | preparation containing ephedrine, dextromethorphan, or related |
| 58 | compounds is available for sale may not knowingly allow an |
| 59 | employee to engage in the retail sale of such compound, mixture, |
| 60 | or preparation unless the employee has completed an employee |
| 61 | training program that shall include, at a minimum, basic |
| 62 | instruction on state and federal regulations relating to the |
| 63 | sale and distribution of such compounds, mixtures, or |
| 64 | preparations. |
| 65 | (5)(a)1. Any person purchasing, receiving, or otherwise |
| 66 | acquiring any nonprescription compound, mixture, or preparation |
| 67 | containing any detectable quantity of ephedrine, |
| 68 | dextromethorphan, or related compounds must: |
| 69 | a.1. Be at least 18 years of age. |
| 70 | b.2. Produce a government-issued photo identification |
| 71 | showing his or her name, date of birth, address, and photo |
| 72 | identification number or an alternative form of identification |
| 73 | acceptable under federal regulation 8 C.F.R. s. |
| 74 | 274a.2(b)(1)(v)(A) and (B). |
| 75 | 2.3. Any person purchasing, receiving, or otherwise |
| 76 | acquiring any nonprescription compound, mixture, or preparation |
| 77 | containing any detectable quantity of ephedrine or related |
| 78 | compounds must sign his or her name on a record of the purchase, |
| 79 | either on paper or on an electronic signature capture device. |
| 80 | (11) Any individual who violates subsection (2), |
| 81 | subsection (3), or subsection (4) commits: |
| 82 | (a) For a first offense, a misdemeanor of the second |
| 83 | degree, punishable as provided in s. 775.083. |
| 84 | (b) For a second offense, a misdemeanor of the first |
| 85 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 86 | (c) For a third or subsequent offense, a felony of the |
| 87 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 88 | or s. 775.084. |
| 89 | (13) A person who sells any product containing ephedrine, |
| 90 | dextromethorphan, or related compounds who in good faith |
| 91 | releases information under this section to federal, state, or |
| 92 | local law enforcement officers, or any person acting on behalf |
| 93 | of such an officer, is immune from civil liability for the |
| 94 | release unless the release constitutes gross negligence or |
| 95 | intentional, wanton, or willful misconduct. |
| 96 | Section 2. This act shall take effect July 1, 2011. |