Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 938
       
       
       
       
       
       
                                Ì8543823Î854382                         
       
                              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.