Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 938 Ì8543823Î854382 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.