Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 938
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/19/2016 .
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The Committee on Health Policy (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Restrictions on sale of dextromethorphan.-
6 (1) As used in this section, the term:
7 (a) “Finished drug product” means a drug legally marketed
8 under the Federal Food, Drug, and Cosmetic Act that is in
9 finished dosage form. For purposes of this paragraph, the term
10 “drug” has the same meaning as provided in s. 499.003(18).
11 (b) “Proof of age” means any document issued by a
12 governmental agency that contains the date of birth and a
13 description or photograph of the person purchasing the finished
14 drug product. The term includes, but is not limited to, a
15 passport, a driver license, or an identification card issued by
16 this state, another state, or any branch of the United States
17 Armed Forces.
18 (2)(a) A manufacturer, distributor, or retailer, or its
19 employees and representatives, may not knowingly or willfully
20 sell a finished drug product containing any quantity of
21 dextromethorphan to a person younger than 18 years of age.
22 (b) A person 18 years of age or younger may not purchase a
23 finished drug product containing any quantity of
24 dextromethorphan.
25 (3) An employee or representative of a retailer making a
26 retail sale of a finished drug product containing any quantity
27 of dextromethorphan must require and obtain proof of age from
28 the purchaser before completing the sale, unless from the
29 purchaser’s outward appearance the person making the sale would
30 reasonably presume the purchaser to be 25 years of age or older.
31 (4)(a) Each sales location of a manufacturer, distributor,
32 or retailer whose employee or representative, during the course
33 of the employee’s or representative’s employment or association
34 with the manufacturer, distributor, or retailer, sells
35 dextromethorphan in violation of this section is subject to a
36 written warning for an initial violation and, for each
37 subsequent violation, a civil citation imposing a fine of not
38 more than $100, which shall accrue and may be recovered in a
39 civil action brought by the local jurisdiction. A manufacturer,
40 distributor, or retailer who demonstrates a good faith effort to
41 comply with this section is not subject to citation.
42 (b) An employee or representative of a manufacturer,
43 distributor, or retailer who, during the course of the
44 employee’s or representative’s employment or association with
45 the manufacturer, distributor, or retailer, sells
46 dextromethorphan in violation of this section is subject to a
47 written warning.
48 (c) A person who possesses or receives dextromethorphan in
49 violation of this section with the intent to distribute is
50 subject to a civil citation imposing a fine of not more than
51 $100 for each violation, which shall accrue and may be recovered
52 in a civil action brought by the local jurisdiction. A civil
53 citation issued to a person pursuant to this paragraph shall
54 include information regarding how to dispute the citation and
55 shall clearly state that the violation is a noncriminal
56 violation.
57 (5) A civil citation issued to a manufacturer, distributor,
58 or retailer pursuant to this section shall be provided to the
59 manager on duty at the time the citation is issued. If a manager
60 is not available, a local law enforcement officer shall attempt
61 to contact the manager to issue the citation. If the local law
62 enforcement officer is unsuccessful in contacting the manager,
63 he or she may leave a copy of the citation with an employee 18
64 years of age or older and mail a copy of the citation by
65 certified mail to the owner’s business address, as filed with
66 the Department of State, or he or she may return to issue the
67 citation at a later time. The civil citation shall provide:
68 (a) The date and approximate time of the sale in violation
69 of this section.
70 (b) The location of the sale, including the address.
71 (c) The name of the employee or representative that
72 completed the sale.
73 (d) Information regarding how to dispute the citation.
74 (e) Notice that the violation is a noncriminal violation.
75 (6) To dispute the citation, the recipient of the citation
76 must provide notice of the dispute to the clerk of the county
77 court in the jurisdiction in which the violation occurred within
78 15 days after receipt of the citation. The local jurisdiction,
79 through its duly authorized officers, shall hold a hearing in
80 the court of competent jurisdiction when a citation for a
81 violation of this section is issued, when the violation is
82 disputed, and when the recipient is issued the citation by a
83 local law enforcement officer employed by or acting on behalf of
84 the jurisdiction. If the court finds in favor of the
85 jurisdiction, the court shall require payment of the fine as
86 provided in this section.
87 (7) This section shall be applied uniformly throughout the
88 state. Enforcement of this section shall remain with local law
89 enforcement departments and officials charged with the
90 enforcement of the laws of the state.
91 (8) This section does not:
92 (a) Impose any restriction on the placement of products in
93 a retail store, direct access of customers to finished drug
94 products, or the maintenance of transaction records.
95 (b) Apply to a medication containing dextromethorphan that
96 is sold by a retailer pursuant to a valid prescription.
97 (c) Create a criminal violation. A person who violates this
98 section commits a noncriminal violation as defined in s.
99 775.08(3).
100 (9) This section preempts any ordinance regulating the
101 sale, distribution, receipt, or possession of dextromethorphan
102 enacted by a county, municipality, or other political
103 subdivision of the state, and dextromethorphan is not subject to
104 further regulation by such political subdivisions.
105 Section 2. This act shall take effect January 1, 2017.
106
107 ================= T I T L E A M E N D M E N T ================
108 And the title is amended as follows:
109 Delete everything before the enacting clause
110 and insert:
111 A bill to be entitled
112 An act relating to the retail sale of
113 dextromethorphan; providing definitions; prohibiting a
114 manufacturer, distributor, or retailer, or its
115 employees and representatives, from knowingly or
116 willfully selling a finished drug product containing
117 dextromethorphan to a person younger than 18 years of
118 age; prohibiting a person younger than 18 years of age
119 from purchasing a finished drug product containing
120 dextromethorphan; requiring an employee or
121 representative of a retailer making a retail sale of a
122 finished drug product containing any quantity of
123 dextromethorphan to obtain certain proof of age from
124 the purchaser; providing an exception; providing
125 penalties; providing requirements for imposing or
126 disputing civil citations; specifying information to
127 be provided in such citations; providing
128 applicability; preempting local government regulation
129 of dextromethorphan; providing an effective date.