Florida Statute 893.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.07

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 such activity, and every second year thereafter, make a complete and accurate record of all stocks of controlled substances on hand. The inventory may be prepared on the regular physical inventory date which is nearest to, and does not vary by more than 6 months from, the biennial date that would otherwise apply. As additional substances are designated for control under this chapter, they shall be inventoried as provided for in this subsection.

(b) On and after January 1, 1974, maintain, on a current basis, a complete and accurate record of each substance manufactured, received, sold, delivered, or otherwise disposed of by him or her, except that this subsection shall not require the maintenance of a perpetual inventory.

Compliance with the provisions of federal law pertaining to the keeping of records of controlled substances shall be deemed a compliance with the requirements of this subsection.

(2) The record of controlled substances received shall in every case show:

(a) The date of receipt.

(b) The name and address of the person from whom received.

(3) The record of all controlled substances sold, administered, dispensed, or otherwise disposed of shall show:

(a) The date of selling, administering, or dispensing.

(b) The correct name and address of the person to whom or for whose use, or the owner and species of animal for which, sold, administered, or dispensed.

(4) Every inventory or record required by this chapter, including prescription records, shall be maintained:

(a) Separately from all other records of the registrant, or

(b) Alternatively, in the case of Schedule III, IV, or V controlled substances, in such form that information required by this chapter is readily retrievable from the ordinary business records of the registrant.

In either case, the records described in this subsection shall be kept and made available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances. Law enforcement officers are not required to obtain a subpoena, court order, or search warrant in order to obtain access to or copies of such records.

(5) Each person described in subsection (1) shall:

(a) Maintain a record which shall contain a detailed list of controlled substances lost, destroyed, or stolen, if any; the kind and quantity of such controlled substances; and the date of the discovering of such loss, destruction, or theft.

(b) In the event of the discovery of the theft or significant loss of controlled substances, report such theft or significant loss to the sheriff of that county within 24 hours after discovery. A person who fails to report a theft or significant loss of a substance listed in s. 893.03(3), (4), or (5) within 24 hours after discovery as required in this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who fails to report a theft or significant loss of a substance listed in s. 893.03(2) within 24 hours after discovery as required in this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 7, ch. 73-331; s. 1439, ch. 97-102; s. 25, ch. 2011-141; s. 32, ch. 2016-105; s. 5, ch. 2019-166.

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Amendments to 893.07

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 893.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.07 - HEALTH-SAFETY - FAIL TO MAINTAIN NARCOTIC RECORD SUBSQ VIOL - F: T

S893.07 - HEALTH-SAFETY - FAIL TO MAINTAIN NARCOTIC RECORD 1ST VIOL - M: F

S893.07 5b - DRUGS-HEALTH OR SAFETY - FAIL TO REPORT THEFT LOSS SCHEDULE III IV V - M: S

S893.07 5b - DRUGS-HEALTH OR SAFETY - FAIL TO REPORT THEFT LOSS SCHEDULE II - M: F

Cases Citing Statute 893.07

Total Results: 17

State v. Carter

23 So. 3d 798, 2009 Fla. App. LEXIS 18194, 2009 WL 4111210

District Court of Appeal of Florida | Filed: Nov 30, 2009 | Docket: 1181784

Cited 9 times | Published

investigating law enforcement officer. Because section 893.07(4), Florida Statutes, requires pharmacies to

State v. Tamulonis

39 So. 3d 524, 2010 Fla. App. LEXIS 10025, 2010 WL 2696288

District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 1933898

Cited 7 times | Published

in which the First District determined that section 893.07(4), Florida Statutes, does not require law

Gettel v. State

449 So. 2d 413

District Court of Appeal of Florida | Filed: May 4, 1984 | Docket: 1695546

Cited 7 times | Published

the prescriptions, apparently relying upon section 893.07, Florida Statutes (1981), which requires every

Mullis v. State

79 So. 3d 747, 2011 Fla. App. LEXIS 14233, 2011 WL 3962910

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2356189

Cited 5 times | Published

had lawfully obtained this information under section 893.07(4). After it denied suppression of the pharmacy

State v. Fernandez

36 So. 3d 120, 2010 Fla. App. LEXIS 407, 2010 WL 199301

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 1639140

Cited 4 times | Published

Florida Statutes (2007).[1] She argued that section 893.07(4), Florida Statutes (2007),[2] is unconstitutional

Lamb v. State

55 So. 3d 751, 2011 Fla. App. LEXIS 3611, 2011 WL 923946

District Court of Appeal of Florida | Filed: Mar 18, 2011 | Docket: 2406788

Cited 3 times | Published

suppression of Lamb's pharmacy records based on section 893.07, Florida Statutes (2008).[2] The trial court

Hendley v. State

58 So. 3d 296, 2011 WL 561407

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60299302

Cited 3 times | Published

officers acted impermissibly. However, because section 893.07, Florida Statutes (2008), requires pharmacists

Gore v. State

74 So. 3d 1119, 2011 Fla. App. LEXIS 18110, 2011 WL 5554789

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2355626

Cited 2 times | Published

414 (Fla. 2d DCA 1984), both have held that Section 893.07(4), Florida Statutes (2008) authorizes police

State v. Sun

82 So. 3d 866, 2011 Fla. App. LEXIS 8071, 2011 WL 2135646

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60306281

Cited 2 times | Published

obtaining of the pharmacy records was authorized by section 893.07(4), Florida Statutes (2009), and ... the statute

State v. Bean

36 So. 3d 116, 2010 Fla. App. LEXIS 410, 2010 WL 199299

District Court of Appeal of Florida | Filed: Jan 22, 2010 | Docket: 2409839

Cited 2 times | Published

trumped by the authority given to the State in section 893.07. That statute generally requires every person

State v. Herc

67 So. 3d 266, 2011 Fla. App. LEXIS 75, 2011 WL 116001

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 2363411

Cited 1 times | Published

1st DCA 2009), which held that pursuant to section 893.07(4), Florida Statutes, law enforcement officers

State v. Shukitis

60 So. 3d 406, 2010 Fla. App. LEXIS 16735, 2010 WL 4365761

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60300199

Cited 1 times | Published

the instant records were obtained pursuant to section 893.07(4), Florida Statutes (2008), which provides

State v. Yutzy

43 So. 3d 910, 2010 Fla. App. LEXIS 13372, 2010 WL 3490265

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 60295511

Cited 1 times | Published

procuring a patient’s pharmacy records. Rather, section 893.07(4), Florida Statutes (2007), which requires

Hay v. State

79 So. 3d 852, 2012 Fla. App. LEXIS 1095, 2012 WL 246465

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2414774

Published

that were obtained by law enforcement under section 893.07(4). However, as the Hays note in their appellate

State v. Thompson

72 So. 3d 246, 2011 Fla. App. LEXIS 16061, 2011 WL 4809132

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303232

Published

this state relating to controlled substances.” § 893.07(4). Tamulonis, 39 So.3d at 527. In Tamulonis,

State v. Wright

59 So. 3d 263, 2011 Fla. App. LEXIS 4811, 2011 WL 1261159

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299659

Published

obtaining of the pharmacy records was authorized by section 893.07(4), Florida Statutes (2009), and that the statute

State v. Albritton

58 So. 3d 894, 2011 Fla. App. LEXIS 2643, 2011 WL 711045

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299540

Published

convinced that it is constitutional to interpret section 893.07(4), Florida Statutes (2007 & 2008), to authorize