| 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 retail sale any nonprescription compound, |
| 6 | mixture, or preparation containing ephedrine or related |
| 7 | compounds in excess of specified amounts; revising |
| 8 | provisions relating to retail display of products |
| 9 | containing ephedrine or related compounds; revising |
| 10 | provisions relating to retail employee training; requiring |
| 11 | a purchaser of a nonprescription compound, mixture, or |
| 12 | preparation containing any detectable quantity of |
| 13 | ephedrine or related compounds to meet specified |
| 14 | requirements; requiring use of an electronic recordkeeping |
| 15 | system approved by the Department of Law Enforcement for |
| 16 | such transactions to monitor and record specified |
| 17 | information; providing for exemptions from the electronic |
| 18 | recordkeeping requirement; requiring information submitted |
| 19 | to the system to be retained for a specified period; |
| 20 | revising language concerning local ordinances or |
| 21 | regulations; providing exemptions for certain entities; |
| 22 | conforming language concerning criminal penalties for |
| 23 | violations; providing for disclosure of information in the |
| 24 | system under certain provisions; prohibiting any retailer |
| 25 | or entity that collects information on behalf of a |
| 26 | retailer under specified provisions from accessing or |
| 27 | using the information, except for law enforcement purposes |
| 28 | or to facilitate a product recall for public health and |
| 29 | safety; providing limited civil immunity for the release |
| 30 | of information to law enforcement officers; requiring the |
| 31 | department to contract or enter into a memorandum of |
| 32 | understanding with a third party to implement the system; |
| 33 | providing for rulemaking; providing a date of |
| 34 | implementation; providing an effective date. |
| 35 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 38 | Section 1. Section 893.1495, Florida Statutes, is amended |
| 39 | to read: |
| 40 | 893.1495 Retail sale of ephedrine and related compounds.- |
| 41 | (1) As used in this section, the term "ephedrine or |
| 42 | related compounds" means ephedrine, pseudoephedrine, |
| 43 | phenylpropanolamine, or any of their salts, optical isomers, or |
| 44 | salts of optical isomers. |
| 45 | (2)(1) A No person may not shall knowingly obtain or |
| 46 | deliver to an individual in any single retail over-the-counter |
| 47 | sale any number of packages of any nonprescription compound, |
| 48 | mixture, or preparation drug containing a sole active ingredient |
| 49 | that contains a combined total of more than 9 base grams of |
| 50 | ephedrine or related compounds in excess of the following |
| 51 | amounts: |
| 52 | (a) In any single day, any number of packages that contain |
| 53 | a total of 3.6 grams of ephedrine or related compounds; |
| 54 | (b) In any single retail, over-the-counter sale, three |
| 55 | packages, regardless of weight, containing ephedrine or related |
| 56 | compounds; or |
| 57 | (c) In any 30-day period, in any number of retail, over- |
| 58 | the-counter sales, a total of 9 grams or more of ephedrine or |
| 59 | related compounds, pseudoephedrine, phenylpropanolamine, or any |
| 60 | of their salts, optical isomers, or salts of optical isomers, or |
| 61 | more than three packages in any single retail over-the-counter |
| 62 | sale, regardless of weight, containing any such sole active |
| 63 | ingredient. |
| 64 | (3)(2) A No person may not shall knowingly display and |
| 65 | offer for retail sale packages of any nonprescription compound, |
| 66 | mixture, or preparation containing drug having a sole active |
| 67 | ingredient of ephedrine or related compounds, pseudoephedrine, |
| 68 | phenylpropanolamine, or any of their salts or optical isomers |
| 69 | other than behind a checkout counter where the public is not |
| 70 | permitted or other such location that is not otherwise |
| 71 | accessible to the general public. |
| 72 | (4)(3) A No person who is the owner or primary operator of |
| 73 | a retail outlet where any nonprescription compound, mixture, or |
| 74 | preparation containing ephedrine or related compounds is, |
| 75 | pseudoephedrine, or phenylpropanolamine products are available |
| 76 | for sale may not shall knowingly allow an employee to engage in |
| 77 | the retail sale of such compound, mixture, or preparation |
| 78 | products unless the employee has completed an employee training |
| 79 | program that shall include, at a minimum, basic instruction on |
| 80 | state and federal regulations relating to the sale and |
| 81 | distribution of such compounds, mixtures, or preparations |
| 82 | products. |
| 83 | (5)(a) Any person purchasing, receiving, or otherwise |
| 84 | acquiring any nonprescription compound, mixture, or preparation |
| 85 | containing any detectable quantity of ephedrine or related |
| 86 | compounds must: |
| 87 | 1. Be at least 18 years of age. |
| 88 | 2. Produce a government-issued photo identification |
| 89 | showing his or her name, date of birth, address, and photo |
| 90 | identification number or an alternative form of identification |
| 91 | acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B). |
| 92 | 3. Sign his or her name on a record of the purchase, |
| 93 | either on paper or on an electronic signature capture device. |
| 94 | (b) The Department of Law Enforcement shall approve an |
| 95 | electronic recordkeeping system to record and monitor in real |
| 96 | time the purchase of products containing ephedrine or related |
| 97 | compounds in order to prevent or investigate illegal purchases |
| 98 | of these products. The approved electronic recordkeeping system |
| 99 | shall be provided to a pharmacy or retailer without any |
| 100 | additional cost or expense to the pharmacy or retailer. A |
| 101 | pharmacy or retailer may request an exemption from electronic |
| 102 | reporting from the Department of Law Enforcement if the pharmacy |
| 103 | or retailer lacks the technology to access the electronic |
| 104 | recordkeeping system and such pharmacy or retailer maintains a |
| 105 | sales volume of less than 72 grams of ephedrine or related |
| 106 | compounds in a 30-day period. The electronic recordkeeping |
| 107 | system shall record the following: |
| 108 | 1. The date and time of the transaction. |
| 109 | 2. The name, date of birth, address, and photo |
| 110 | identification number of the purchaser, as well as the type of |
| 111 | identification and the government of issuance. |
| 112 | 3. The number of packages purchased, the total grams per |
| 113 | package, and the name of the compound, mixture, or preparation |
| 114 | containing ephedrine or related compounds. |
| 115 | 4. The signature of the purchaser, or a unique number |
| 116 | relating the transaction to a paper signature maintained at the |
| 117 | retail premises. |
| 118 | (c) The electronic recordkeeping system shall provide for: |
| 119 | 1. Real-time monitoring of nonprescription over-the |
| 120 | counter sales under this section. |
| 121 | 2. Blocking of nonprescription over-the-counter sales in |
| 122 | excess of those allowed by the laws of this state or federal |
| 123 | law. |
| 124 | (6) A nonprescription compound, mixture, or preparation |
| 125 | containing any quantity of ephedrine or related compounds may |
| 126 | not be sold over the counter unless reported to an electronic |
| 127 | recordkeeping system approved by the Department of Law |
| 128 | Enforcement. This subsection does not apply if the pharmacy or |
| 129 | retailer has received an exemption from the Department of Law |
| 130 | Enforcement under paragraph (5)(b). |
| 131 | (7) Prior to completing a transaction, a pharmacy or |
| 132 | retailer distributing products containing ephedrine or related |
| 133 | compounds to consumers in this state shall submit all required |
| 134 | data into the electronic recordkeeping system approved by the |
| 135 | Department of Law Enforcement either at the point of sale or |
| 136 | through an interface with the electronic recordkeeping system, |
| 137 | unless granted an exemption by the Department of Law Enforcement |
| 138 | under paragraph (5)(b). |
| 139 | (8) The data submitted to the electronic recordkeeping |
| 140 | system must be retained within the system for at least 2 years |
| 141 | after the date of entry. |
| 142 | (9)(4) The requirements of this section relating to the |
| 143 | marketing, sale, or distribution of products containing |
| 144 | ephedrine or related compounds, pseudoephedrine, or |
| 145 | phenylpropanolamine products shall supersede any local ordinance |
| 146 | or regulation passed by a county, municipality, or other local |
| 147 | governmental authority. |
| 148 | (10) This section does not apply to: |
| 149 | (a) Licensed manufacturers manufacturing and lawfully |
| 150 | distributing products in the channels of commerce. |
| 151 | (b) Wholesalers lawfully distributing products in the |
| 152 | channels of commerce. |
| 153 | (c) Health care facilities licensed under chapter 395. |
| 154 | (d) Licensed long-term care facilities. |
| 155 | (e) Government-operated health departments. |
| 156 | (f) Physicians' offices. |
| 157 | (g) Publicly operated prisons, jails, or juvenile |
| 158 | correctional facilities or private adult or juvenile |
| 159 | correctional facilities under contract with the state. |
| 160 | (h) Public or private educational institutions maintaining |
| 161 | health care programs. |
| 162 | (i) Government-operated or industry-operated medical |
| 163 | facilities serving employees of the government or industry |
| 164 | operating them. |
| 165 | (11)(5) Any individual who violates subsection (1), |
| 166 | subsection (2), or subsection (3), or subsection (4) commits: |
| 167 | (a) For a first offense, a misdemeanor of the second |
| 168 | degree, punishable as provided in s. 775.083. |
| 169 | (b) For a second offense, a misdemeanor of the first |
| 170 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 171 | (c) For a third or subsequent offense, a felony of the |
| 172 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 173 | or s. 775.084. |
| 174 | (12) Information contained within the electronic |
| 175 | recordkeeping system shall be disclosed in a manner authorized |
| 176 | by state or federal law. Any retailer or entity that collects |
| 177 | information on behalf of a retailer as required by the Combat |
| 178 | Methamphetamine Epidemic Act of 2005, Pub. L. No. 109-177, Title |
| 179 | VII, as amended, and this section may not access or use that |
| 180 | information, except for law enforcement purposes pursuant to |
| 181 | state or federal law or to facilitate a product recall for |
| 182 | public health and safety. |
| 183 | (13) A person who sells any product containing ephedrine |
| 184 | or related compounds who in good faith releases information |
| 185 | under this section to a federal, state, or local law enforcement |
| 186 | officer, or to any person acting on behalf of such an officer, |
| 187 | is immune from civil liability for the release unless the |
| 188 | release constitutes gross negligence or intentional, wanton, or |
| 189 | willful misconduct. |
| 190 | (14) The Department of Law Enforcement shall contract or |
| 191 | enter into a memorandum of understanding, as applicable, with a |
| 192 | private third-party administrator to implement the electronic |
| 193 | recordkeeping system required by this section. |
| 194 | (15) The Department of Law Enforcement shall adopt rules |
| 195 | pursuant to ss. 120.536(1) and 120.54 necessary to implement |
| 196 | this section. |
| 197 | Section 2. This act shall take effect July 1, 2010, and |
| 198 | shall be implemented by January 1, 2011. |