Fla. Stat. § 893.01
Short title
This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”
Florida Statutes Chapter 893 — DRUG ABUSE PREVENTION AND CONTROL
Florida · statute · Fla. Stat. ch. 893 · 40 active provisions
Provisions
Fla. Stat. § 893.015
Statutory references
The purpose of this chapter is to comprehensively address drug abuse prevention and control in this state. To this end, unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 893 or to any section or portion of a section of chapter 893 includes all subsequent amendments to ch…
Fla. Stat. § 893.02
Definitions
The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:(1) “Administer” or “administration” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal…
Fla. Stat. § 893.03
Standards and schedules
The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, trade name, or class designated. The provisions of this section shall not be construed to include with…
Fla. Stat. § 893.0301
Death resulting from apparent drug overdose; reporting requirements
If a person dies of an apparent drug overdose:(1) A law enforcement agency shall prepare a report identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 which is found on or near the deceased or among the deceased’s possessions. The report must identify the per…
Fla. Stat. § 893.031
Industrial exceptions to controlled substance scheduling
(1) For the purpose of this section, the following meanings of terms shall apply:(a) “Manufacture” means any process or operation necessary for manufacturing a product.(b) “Distribution” means any process or operation necessary for distributing a product, including, but not limited to, wholesaling, delivery or transpor…
Fla. Stat. § 893.033
Listed chemicals
The chemicals listed in this section are included by whatever official, common, usual, chemical, or trade name designated.(1) PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a chemical that may be used in manufacturing a controlled substance in violation of this chapter and is critical to the creation o…
Fla. Stat. § 893.035
Control of new substances; findings of fact; delegation of authority to Attorney General to control substances by rule
(1)(a) New substances are being created which are not controlled under the provisions of this chapter but which have a potential for abuse similar to or greater than that for substances controlled under this chapter. These new substances are sometimes called “designer drugs” because they can be designed to produce a de…
Fla. Stat. § 893.0355
Control of scheduled substances; delegation of authority to Attorney General to reschedule substance, or delete substance, by rule
(1) The Legislature has determined that, from time to time, additional testings, approvals, or scientific evidence may indicate that controlled substances listed in Schedules I, II, III, IV, and V hereof have a greater potential for beneficial medical use in treatment in the United States than was evident when such sub…
Fla. Stat. § 893.0356
Control of new substances; findings of fact; “controlled substance analog” defined
(1)(a) New substances are being created which are not controlled under the provisions of this chapter but which have a potential for abuse similar to or greater than that for substances controlled under this chapter. These new substances are called “controlled substance analogs,” and can be designed to produce a desire…
Fla. Stat. § 893.04
Pharmacist and practitioner
(1) A pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written, oral, or electronic prescription of a practitioner, under the following conditions:(a) Oral prescriptions must be promptly reduced to writing by the pharmacist or recorded electronically i…
Fla. Stat. § 893.05
Practitioners and persons administering controlled substances in their absence
(1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered, under his or her direction and supervision only, by a certifi…
Fla. Stat. § 893.055
Prescription drug monitoring program
(1) As used in this section, the term:(a) “Active investigation” means an investigation that is being conducted with a reasonable, good faith belief that it could lead to the filing of administrative, civil, or criminal proceedings, or that is ongoing and continuing and for which there is a reasonable, good faith antic…
Fla. Stat. § 893.0551
Public records exemption for the prescription drug monitoring program
(1) For purposes of this section, the terms used in this section have the same meanings as provided in s. 893.055.(2) The following information of a patient or patient’s agent, a health care practitioner, a dispenser, an employee of the practitioner who is acting on behalf of and at the direction of the practitioner, a…
Fla. Stat. § 893.06
Distribution of controlled substances; order forms; labeling and packaging requirements
(1) Controlled substances in Schedules I and II shall be distributed by a duly licensed manufacturer, distributor, or wholesaler to a duly licensed manufacturer, wholesaler, distributor, practitioner, pharmacy, as defined in chapter 465, hospital, or laboratory only pursuant to an order form. It shall be deemed a compl…
Fla. Stat. § 893.065
Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V
The Department of Health shall develop and adopt by rule the form and content for a counterfeit-resistant prescription blank which must be used by practitioners for the purpose of prescribing a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V pursuant to s. 456.42. The Department of…
Fla. Stat. § 893.07
Records
(1) Every person who engages in the manufacture, compounding, mixing, cultivating, growing, or by any other process producing or preparing, or in the dispensing, importation, or, as a wholesaler, distribution, of controlled substances shall:(a) On January 1, 1974, or as soon thereafter as any person first engages in su…
Fla. Stat. § 893.08
Exceptions
(1) The following may be distributed at retail without a prescription, but only by a registered pharmacist:(a) Any compound, mixture, or preparation described in Schedule V.(b) Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetami…
Fla. Stat. § 893.09
Enforcement
(1) The Department of Law Enforcement, all state agencies which regulate professions or institutions affected by the provisions of this chapter, and all peace officers of the state shall enforce all provisions of this chapter except those specifically delegated, and shall cooperate with all agencies charged with the en…
Fla. Stat. § 893.10
Burden of proof; photograph or video recording of evidence
(1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any exemption or exception is upon…
Fla. Stat. § 893.101
Legislative findings and intent
(1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So. 2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrar…
Fla. Stat. § 893.105
Testing and destruction of seized substances
(1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample and the analysis thereof shall be admissible into evidence in any civil or criminal action for the purpose of proving the nature, composition, and weight of the su…
Fla. Stat. § 893.11
Suspension, revocation, and reinstatement of business and professional licenses
For the purposes of s. 120.60(6), any conviction in any court reported to the Comprehensive Case Information System of the Florida Association of Court Clerks and Comptrollers, Inc., for the sale of, or trafficking in, a controlled substance or for conspiracy to sell, or traffic in, a controlled substance constitutes a…
Fla. Stat. § 893.12
Contraband; seizure, forfeiture, sale
(1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to whi…
Fla. Stat. § 893.13
Prohibited acts; penalties
(1)(a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to:1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(…
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