Florida Statute 893.07 | Lawyer Caselaw & Research

The 2024 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.

F.S. 893.07 on Google Scholar

F.S. 893.07 on Casetext

Amendments to 893.07

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

Annotations, Discussions, Cases:

Cases Citing Statute 893.07

Total Results: 19

Hay v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-27T00:00:00-08:00

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

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

Gore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-16T00:00:00-08:00

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

Snippet: (Fla. 2d DCA 1984), both have held that Section 893.07(4), Florida Statutes (2008) authorizes police to…substances. As the Tamulonis court stated, Section 893.07, Florida Statutes, is narrowly tailored: First,…this state relating to controlled substances.” § 893.07(4); see also State v. Russo, [259 Conn. 436] 790

State v. Thompson

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-12T00:00:00-07:00

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

Snippet: With regard to pharmaceutical records, [s]ection 893.07[, Florida Statutes,] requires pharmacists to maintain…this state relating to controlled substances.” § 893.07(4). Tamulonis, 39 So.3d at 527. In Tamulonis, this…So.3d 798, 800 (Fla. 1st DCA 2009), that section 893.07 “ ‘does not require a subpoena, warrant, or prior…the patient.’ ” 39 So.2d at 527. Because section 893.07 requires a pharmacy to make its controlled substance

Mullis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-09T00:00:00-07:00

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

Snippet: lawfully obtained this information under section 893.07(4). After it denied suppression of the pharmacy…So.3d 662 (Fla. 2011). We concluded that section 893.07(4) authorizes "law enforcement officers whose…constitutional privacy rights. Id. at 528 (quoting § 893.07(4)). Because Detective Fowler is a law enforcement…Mr. Mullis's pharmacy records under section 893.07(4), see id., and we affirm without further discussion

State v. Sun

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-01T00:00:00-07:00

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

Snippet: suppressed them. He ruled, however, that subsection 893.07(4), Florida Statutes (2009), empowered Detective… the pharmacy records was authorized by section 893.07(4), Florida Statutes (2009), and ... the statute…argued in her motion to suppress that subsection 893.07(4) was unconstitutional as applied to the inspection

State v. Wright

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-06T00:00:00-07:00

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

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

Lamb v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-18T00:00:00-07:00

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

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

State v. Albritton

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-02T00:00:00-08:00

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

Snippet: 395.3025 did not apply to pharmacies. Instead, section 893.07(4), Florida Statutes (2007 & 2008), which requires…however, we determined in Tamulonis that section 893.07(4) does not violate Florida’s constitutional right

Hendley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-18T00:00:00-08:00

Citation: 58 So. 3d 296, 2011 WL 561407

Snippet: interplay between sections 465.017 and 893.07 and concluded that section 893.07(4) authorizes “law enforcement…officers acted impermissibly. However, because section 893.07, Florida Statutes (2008), requires pharmacists …obtained the information in question under section 893.07(4). The evidence at the hearing on Mr. Hendley’…Hendley’s motion to suppress, concluding that section 893.07 authorized the Sarasota detectives to obtain the…records. (Emphasis added.) Nevertheless, section 893.07(l)(b) requires persons engaged in the dispensing

State v. Herc

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-14T00:00:00-08:00

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

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

State v. Shukitis

Court: Fla. Dist. Ct. App. | Date Filed: 2010-11-05T00:00:00-07:00

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

Snippet: instant records were obtained pursuant to section 893.07(4), Florida Statutes (2008), which provides as …Tamulonis, this court also concluded that section 893.07(4) allows for controlled substance records to be…pharmacies to notify patients in connection with section 893.07, the legislature would have included this requirement

State v. Yutzy

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-08T00:00:00-07:00

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

Snippet: procuring a patient’s pharmacy records. Rather, section 893.07(4), Florida Statutes (2007), which requires pharmacists…527; Carter, 23 So.3d at 799. And because section 893.07(4) is narrowly tailored to effectuate the compelling

State v. Tamulonis

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-09T00:00:00-07:00

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

Snippet: which the First District determined that section 893.07(4), Florida Statutes, does not require law enforcement…records are not medical records and that section 893.07(4), Florida Statutes (2007 & 2008), authorizes…amp; 2008), when read in conjunction with section 893.07(4), gives law enforcement officers access to a … were obtained pursuant to chapter 893. Section 893.07 requires pharmacists to maintain controlled substance…state relating to controlled substances." § 893.07(4). As the First District noted in Carter: The

State v. Bean

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-22T00:00:00-08:00

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

Snippet: by the authority given to the State in section 893.07. That statute generally requires every person who…state relating to controlled substances." § 893.07(4). The State claims that this statute gives the…suppress, the order makes a determination that section 893.07(4) is "overly broad" and at least implies

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-22T00:00:00-08:00

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

Snippet: Florida Statutes (2007).[1] She argued that section 893.07(4), Florida Statutes (2007),[2] is unconstitutional…prescription is not a medical record and that section 893.07(4) allows law enforcement to search and seize a…with respect to medical records and that section 893.07(4) is unconstitutional. In a written order, the…subpoena. The trial court concluded that section 893.07(4) does not authorize the search and seizure of…or subpoena. The trial court noted that section 893.07(4) appears overly broad and contains no checks

State v. Carter

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-30T00:00:00-08:00

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

Snippet: investigating law enforcement officer. Because section 893.07(4), Florida Statutes, requires pharmacies to make…records to the investigator pursuant to section 893.07(4), Florida Statutes. In both her motion to suppress… the records at issue. To the contrary, section 893.07(4), Florida Statutes, requires pharmacies to maintain…notice to the patient. The enactment of section 893.07 was an extension of warrantless search and seizure…pharmacies to notify patients in connection with section 893.07, the Legislature would have included this requirement

Gettel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-05-04T00:53:00-07:00

Citation: 449 So. 2d 413

Snippet: seizure power by enacting section 893.07, Florida Statutes. Section 893.07 was enacted in 1973 as part of… prescriptions, apparently relying upon section 893.07, Florida Statutes (1981), which requires every …provisions similar to those later enacted in section 893.07, but those provisions limited the inspection authority…404.06 and 465.131, Florida Statutes (1969), section 893.07, Florida Statutes (1981), authorizes inspection…relating to controlled substances." Section 893.07 is part of the Florida Comprehensive Drug Abuse

Cushing v. DEPT. OF PROF. REG., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:53:00-07:00

Citation: 416 So. 2d 1197

Snippet: Regulation pursuant to Secs. 465.017, 893.09(1) and 893.07(4), Fla. Stat. (1979) revealed several suspect

Cushing v. Department of Professional Regulation, Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:00:00-07:00

Citation: 416 So. 2d 1197, 1982 Fla. App. LEXIS 20533

Snippet: Regulation pursuant to Sees. 465.017, 893.09(1) and 893.-07(4), Fla.Stat. (1979) revealed several suspect prescriptions