Florida Senate - 2016                                     SB 938
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       30-00935-16                                            2016938__
    1                        A bill to be entitled                      
    2         An act relating to the retail sale of
    3         dextromethorphan; providing definitions; prohibiting a
    4         retail entity from knowingly or willfully selling a
    5         finished drug product containing dextromethorphan to a
    6         person younger than 18 years of age; prohibiting a
    7         person younger than 18 years of age from purchasing a
    8         finished drug product containing dextromethorphan;
    9         requiring a person making a retail sale of a finished
   10         drug product containing any quantity of
   11         dextromethorphan to obtain certain proof of age from
   12         the purchaser; providing an exception; providing
   13         penalties; providing applicability; preempting local
   14         government regulation of dextromethorphan; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Restrictions on sale of dextromethorphan.—
   20         (1) As used in this section, the term:
   21         (a) “Finished drug product” means a drug legally marketed
   22  under the Federal Food, Drug, and Cosmetic Act that is in
   23  finished dosage form.
   24         (b) “Proof of age” means any document issued by a
   25  governmental agency that contains the date of birth and a
   26  description or photograph of the person purchasing the finished
   27  drug product. The term includes, but is not limited to, a
   28  passport, military identification card, or driver license.
   29         (2)(a) A retail entity may not knowingly or willfully sell
   30  a finished drug product containing any quantity of
   31  dextromethorphan to a person younger than 18 years of age.
   32         (b) A person younger than 18 years of age may not purchase
   33  a finished drug product containing any quantity of
   34  dextromethorphan.
   35         (3) A person making a retail sale of a finished drug
   36  product containing any quantity of dextromethorphan must require
   37  and obtain proof of age from the purchaser before completing the
   38  sale, unless from the purchaser’s outward appearance the person
   39  making the sale would reasonably presume the purchaser to be 25
   40  years of age or older.
   41         (4)(a) A manufacturer, distributor, or retailer whose
   42  employee or representative, during the course of the employee’s
   43  or representative’s employment or association with the
   44  manufacturer, distributor, or retailer, sells dextromethorphan
   45  in violation of this section is subject to a $100 fine, except
   46  that a manufacturer, distributor, or retailer who demonstrates a
   47  good faith effort to comply with this section is not subject to
   48  such penalty.
   49         (b) An employee or representative of a manufacturer,
   50  distributor, or retailer who, during the course of the
   51  employee’s or representative’s employment or association with
   52  the manufacturer, distributor, or retailer, sells
   53  dextromethorphan in violation of this section is subject to a
   54  $25 fine.
   55         (c) A person who purchases dextromethorphan in violation of
   56  this section is subject to a $25 fine.
   57         (d) A person who possesses or receives dextromethorphan in
   58  violation of this section, with the intent to distribute, is
   59  subject to a $25 fine.
   60         (5) This section does not:
   61         (a) Impose any restriction on the placement of products in
   62  a retail store, direct access of customers to finished drug
   63  products, or the maintenance of transaction records.
   64         (b) Apply to a medication containing dextromethorphan that
   65  is sold by a retail entity pursuant to a valid prescription.
   66         (6) This section preempts any ordinance regulating the
   67  sale, distribution, receipt, or possession of dextromethorphan
   68  enacted by a county, municipality, or other political
   69  subdivision of the state, and dextromethorphan is not subject to
   70  further regulation by such political subdivisions.
   71         Section 2. This act shall take effect January 1, 2017.