Florida Statutes
Fla. Stat. § 893.07 (2025)
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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.
(c) The kind and quantity of controlled substances 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.
(c) The kind and quantity of controlled substances 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.
Arrestable Offenses under F.S. 893.07
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§893.07HEALTH-SAFETYREMOVED
§893.07HEALTH-SAFETYREMOVED
§893.07(5b)DRUGS-HEALTH OR SAFETYFAIL TO REPORT THEFT LOSS SCHEDULE III IV V
§893.07(5b)DRUGS-HEALTH OR SAFETYFAIL TO REPORT THEFT LOSS SCHEDULE II
Notes of Decisions
Cited in 19
cases, 1984–2012 · leading case: State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009).
State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009). “Section 893.07, Florida Statutes, is Florida’s statute that requires pharmacies to produce, for inspection and copying by law enforcement officers, records of controlled substances sold and dispensed.”
State v. Tamulonis, 39 So. 3d 524 (Fla. 2d DCA 2010). “Section 893.07 requires pharmacists to maintain controlled substance records, including prescription records, and to make the records “available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to.”
Hendley v. State, 58 So. 3d 296 (Fla. 2d DCA 2011). “However, because section 893.07, Florida Statutes (2008), requires pharmacists to maintain records containing controlled substances delivered by them and to make such records available for inspection and copying by law enforcement officers, the circuit court properly denied the…”
State v. Fernandez, 36 So. 3d 120 (Fla. 2d DCA 2010). “Section 893.07 provides in relevant part: (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…”
State v. Sun, 82 So. 3d 866 (Fla. 4th DCA 2011). “He ruled, however, that subsection 893.07(4), Florida Statutes (2009), empowered Detective Keith to obtain the pharmacy records without a warrant or subpoena, so he did not grant the motion to suppress those items.”
Gettel v. State, 449 So. 2d 413 (Fla. 2d DCA 1984). “They did not have a search warrant when they entered the pharmacy and seized the prescriptions, apparently relying upon section 893.07, Florida Statutes (1981), which requires every person who dispenses controlled substances to maintain certain records of each substance sold and…”
Mullis v. State, 79 So. 3d 747 (Fla. 2d DCA 2011). “at 528 (quoting § 893.07(4)). Because Detective Fowler is a law enforcement officer, he was entitled to obtain Mr.”
State v. Shukitis, 60 So. 3d 406 (Fla. 2d DCA 2010). “If the [legislature intended to require pharmacies to notify patients in connection with section 893.07, the legislature would have included this requirement in the statute, as it did in statutes governing disclosure by other health care entities.”
State v. Bean, 36 So. 3d 116 (Fla. 2d DCA 2010). “Bean are trumped by the authority given to the State in section 893.07. That statute generally requires every person who engages in the dispensing of controlled substances to keep records “available for a period of at least 2 years for inspection and copying by law enforcement…”
State v. Yutzy, 43 So. 3d 910 (Fla. 2d DCA 2010). “Rather, section 893.07(4), Florida Statutes (2007), which requires pharmacists to maintain controlled substance records for at least two years “for inspection and copying by law enforcement officers,” provides the authority for law enforcement to obtain pharmacy records…”
Gore v. State, 74 So. 3d 1119 (Fla. 4th DCA 2011). “As the Tamulonis court stated, Section 893.07, Florida Statutes, is narrowly tailored: First, the statute only applies to controlled substance records.”
Lamb v. State, 55 So. 3d 751 (Fla. 2d DCA 2011). “1 The trial court denied the suppression of Lamb’s pharmacy records based on section 893.07, Florida Statutes (2008). 2 The trial court denied the suppression of the affidavits and lists of prescriptions obtained from the physicians, finding that the items did not constitute…”
— 893.07(4) — 15 cases
State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009). “Section 893.07, Florida Statutes, is Florida’s statute that requires pharmacies to produce, for inspection and copying by law enforcement officers, records of controlled substances sold and dispensed.”
State v. Tamulonis, 39 So. 3d 524 (Fla. 2d DCA 2010). “Section 893.07 requires pharmacists to maintain controlled substance records, including prescription records, and to make the records “available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to.”
Hendley v. State, 58 So. 3d 296 (Fla. 2d DCA 2011). “However, because section 893.07, Florida Statutes (2008), requires pharmacists to maintain records containing controlled substances delivered by them and to make such records available for inspection and copying by law enforcement officers, the circuit court properly denied the…”
State v. Fernandez, 36 So. 3d 120 (Fla. 2d DCA 2010). “Section 893.07 provides in relevant part: (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…”
State v. Sun, 82 So. 3d 866 (Fla. 4th DCA 2011). “He ruled, however, that subsection 893.07(4), Florida Statutes (2009), empowered Detective Keith to obtain the pharmacy records without a warrant or subpoena, so he did not grant the motion to suppress those items.”
— 893.07(5) — 1 case
Dep't of Prof'l Reg. v. Goldstein, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hr'g 1987).
— 893.07(l)(b) — 2 cases
Hendley v. State, 58 So. 3d 296 (Fla. 2d DCA 2011). “However, because section 893.07, Florida Statutes (2008), requires pharmacists to maintain records containing controlled substances delivered by them and to make such records available for inspection and copying by law enforcement officers, the circuit court properly denied the…”
Dep't of Prof'l Reg. v. Goldstein, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hr'g 1987).
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