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.