Rule 11D-2.005, F.A.C., is created to implement Florida Statute Section 893.1495, for FDLE to provide an approved electronic recordkeeping system for retailers to record the real-time purchase of products containing ephedrine or related compounds ...

DEPARTMENT OF LAW ENFORCEMENT
Division of Local Law Enforcement Assistance

Rule No.: RULE TITLE
11D-2.005: Methamphetamine Precursor Electronic Monitoring System
PURPOSE AND EFFECT: Rule 11D-2.005, F.A.C., is created to implement Florida Statute Section 893.1495, for FDLE to provide an approved electronic recordkeeping system for retailers to record the real-time purchase of products containing ephedrine or related compounds for the purpose of monitoring this information to prevent or investigate illegal purchases of these products. Access to the electronic recordkeeping system shall be provided to a retailer without any additional cost or expense. Tracking of the purchase of the products must be implemented by January 1, 2011 or sooner.
SUMMARY: Rule 11D-2.005, F.A.C.. implements Florida Statute Section 893.1495, for FDLE to provide an approved electronic recordkeeping system for retailers that sell non-prescription products containing ephedrine or related compounds. It provides definitions, and specifies a process for a retailer to request a statutory exemption from the recordkeeping requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 893.1495(15), 943.03(4) FS.
LAW IMPLEMENTED: 893.1495 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, November 3, 2010, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, FL 32308
DATE AND TIME: Wednesday, November 4, 2010, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 500 W. Robinson Street, Orlando, FL 32801-1771
DATE AND TIME: Thursday, November 5, 2010, 10:00 a.m.
PLACE: Florida Department of Law Enforcement, 1030 N.W. 111th Avenue, Miami, FL 33172
Please advise 72 hours in advance if requesting a public hearing.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jeff Beasley at [phone], or [e-mail], or write to Florida Department of Law Enforcement, Office of Statewide Intelligence, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jeff Beasley at [phone], or [e-mail], or write to: Florida Department of Law Enforcement, Office of Statewide Intelligence, 2331 Phillips Road, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

11D-2.005 Methamphetamine Precursor Electronic Monitoring System.

(1) A pharmacy or retailer conducting business within the state of Florida who engages in the sale of any nonprescription compound, mixture, or preparation containing ephedrine or related compounds shall be required to participate in the Methamphetamine Precursor Electronic Monitoring System.

(2) Definitions:

(a) “Department” means the Florida Department of Law Enforcement (FDLE).

(b) “Exemption” refers to the two part criteria outlined in Section 893.1495(5)(b), F.S., which states; “a pharmacy or retailer may request an exemption from electronic reporting from the Department of Law Enforcement if the pharmacy or retailer lacks the technology to access the electronic recordkeeping system and such pharmacy or retailer maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30 day period.”

(c) “National Precursor Log Exchange” (NPLEx) refers to the FDLE approved Methamphetamine Precursor Electronic Monitoring System.

(d) “Retailer” refers to any person, entity, or business including a pharmacy, within the state of Florida, who engages in the sale of nonprescription compounds, mixtures, or preparations containing ephedrine or related compounds, ephedrine or related products that does not meet the criteria in Section 893.1495(5)(b), or 893.1495(10), F.S.

(3) Each retailer who engages in the sale of any nonprescription compound, mixture, or preparation containing ephedrine or related compounds shall contact the Department to enroll in NPLEx. Requests for information, enrollment, and training can be accomplished online at http://www.fdle.state.fl.us (look for Meth Monitoring System), by email to [e-mail] or by telephone, contact the NPLEx administrator at [phone], or in writing to FDLE NPLEx Administrator, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32302-1489.

(4) Exemptions. The Department shall grant an exemption from electronic reporting to a retailer, upon request, if the retailer lacks the technology to access NPLEx, and the retailer maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30 day period.

(a) The “technology necessary to access NPLEx” requires a computer with an Internet connection that is available in any sales area within the retailer location.

(b) The “30 day period” for the purpose of determining an exemption shall be calculated from the 1^st day of each calendar month.

(c) The retailer’s request for an exemption shall be made by completing FDLE Exemption form, FDLE I&FS-012, created 08/16/2010, and hereby incorporated by reference. The form is available online or can be obtained by contacting the Department. See subsection (3) above for contact information.

(d) The Exemption form must be completed in its entirety, signed by the retailer or retail manager claiming the exemption, and notarized by a notary public.

(e) The Department will review the request for exemption, and will grant or deny the request within 14 business days.

1. If the retailer disagrees with the Department’s decision, the retailer may request, in writing, reconsideration of the denial for exemption based upon mistake of fact or law.

2. The request must state the basis for reconsideration and provide any documentation that is available to support the request.

3. The Department will provide a written response to the request for reconsideration.

(f) A retailer must maintain the exemption letter within its place of business, and make it available upon request by any law enforcement officer.

(g) A retailer granted an exemption in this section must notify the Department, in writing, and within 5 days of the completion of the reporting period, of any change in its exemption status regarding the sales volume of ephedrine or related compounds within the 30 day reporting period, or of obtaining the technology to access NPLEx.

(5) The Department will provide an FDLE NPLEx Administrator:

(a) Who will be responsible for reviewing, approving or denying and responding to requests for exemption from participation in NPLEx, and

(b) Who will be responsible for communication between the Department and the 3rd party administrator selected to administer NPLEx on all matters to include but not limited to; compliance with system requirements, system enhancements, and ensuring the availability of system training for retailers and law enforcement who need access to the system.

Contact information is provided in subsection (3) above.

(6) Retailer’s Duty to Maintain Logbook.

(a) Should a transaction occur during a period in which NPLEx is inoperable due to states of declared emergency, natural disaster, or other acts of God, the retailer must:

(b) Maintain a written log capturing all required information and enter the transaction data into NPLEx within seventy-two (72) hours of the system becoming operational.

(c) Should a retailer be granted an exemption from participation in NPLEx, it is still the duty of any retailer within the state of Florida to maintain a logbook in compliance with the federal Combat Methamphetamine Epidemic Act of 2005, as specified in Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177), and Section 893.1495, F.S. (2009).

(7) Law Enforcement Access to NPLEx.

(a) Information contained within NPLEx is available to law enforcement officers, designated by their agency, for law enforcement purposes, pursuant to Section 893.1495, F.S. (2009).

(b) A law enforcement agency may request access to NPLEx. Requests for information, participation, and training can be accomplished online at http://www.fdle.state.fl.us (look for Meth Monitoring System), by email to [e-mail] or by telephone, contact the NPLEx administrator at [phone], or in writing to FDLE NPLEx Administrator, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302-1489.

(c) Each law enforcement agency requesting access to the system will identify a single point of contact to be referred to as an “Agency Account Manager,” who will be responsible for communicating new account requests and closing of account requests for its law enforcement officers.

Rulemaking Authority 893.1495(15), 943.03(4) FS. Law Implemented 893.1495 FS. History–New________,

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Beasley at [phone], or [e-mail], or write to: Florida Department of Law Enforcement, Office of Statewide Intelligence, 2331 Phillips Road, Tallahassee, Florida 32308
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 13, 2010 as Rule Section 11D-2.001