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.