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Florida Statute 893.07 | Lawyer Caselaw & Research
F.S. 893.07 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 893.07

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
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.
(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.

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 from cite.case.law:

HAY, a k a L. v. STATE, 79 So. 3d 852 (Fla. Dist. Ct. App. 2012)

. . . Hays also moved to suppress their pharmacy records that were obtained by law enforcement under section 893.07 . . .

S. GORE, v. STATE, 74 So. 3d 1119 (Fla. Dist. Ct. App. 2011)

. . . State, 449 So.2d 413, 414 (Fla. 2d DCA 1984), both have held that Section 893.07(4), Florida Statutes . . . As the Tamulonis court stated, Section 893.07, Florida Statutes, is narrowly tailored: First, the statute . . . enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.” § 893.07 . . .

STATE v. THOMPSON,, 72 So. 3d 246 (Fla. Dist. Ct. App. 2011)

. . . With regard to pharmaceutical records, [s]ection 893.07[, Florida Statutes,] requires pharmacists to . . . enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.” § 893.07 . . . Carter, 23 So.3d 798, 800 (Fla. 1st DCA 2009), that section 893.07 “ ‘does not require a subpoena, warrant . . . Because section 893.07 requires a pharmacy to make its controlled substance records available to law . . .

MULLIS, v. STATE, 79 So. 3d 747 (Fla. Dist. Ct. App. 2011)

. . . pharmacy profiles, concluding that Detective Fowler had lawfully obtained this information under section 893.07 . . . We concluded that section 893.07(4) authorizes “law enforcement officers whose duty it is to enforce . . . Id. at 528 (quoting § 893.07(4)). . . . Mullis’s pharmacy records under section 893.07(4), see id., and we affirm without further discussion . . .

STATE v. SUN,, 82 So. 3d 866 (Fla. Dist. Ct. App. 2011)

. . . He ruled, however, that subsection 893.07(4), Florida Statutes (2009), empowered Detective Keith to obtain . . . Wright, “the deputy’s obtaining of the pharmacy records was authorized by section 893.07(4), Florida . . . (Fla. 2d DCA 2010) (where the defendant expressly argued in her motion to suppress that subsection 893.07 . . .

STATE v. WRIGHT,, 59 So. 3d 263 (Fla. Dist. Ct. App. 2011)

. . . of our sister courts that the deputy’s obtaining of the pharmacy records was authorized by section 893.07 . . .

LAMB, v. STATE, 55 So. 3d 751 (Fla. Dist. Ct. App. 2011)

. . . The trial court denied the suppression of Lamb’s pharmacy records based on section 893.07, Florida Statutes . . .

STATE v. ALBRITTON,, 58 So. 3d 894 (Fla. Dist. Ct. App. 2011)

. . . Instead, section 893.07(4), Florida Statutes (2007 & 2008), which requires pharmacists to maintain controlled . . . her prescription records for controlled substances; however, we determined in Tamulonis that section 893.07 . . . a strong response from the State, I am not convinced that it is constitutional to interpret section 893.07 . . . On the other hand, the ruling might be correct based on a proper analysis of section 893.07(4). . . . privacy interest in his prescriptions that were on file with a pharmacy and, if so, whether section 893.07 . . . I also recognize that a panel of this court has issued an opinion concluding that section 893.07(4) is . . . Section 893.07 states in its entirety: (1) Every person who engages in the manufacture, compounding, . . .

HENDLEY, v. STATE, 58 So. 3d 296 (Fla. Dist. Ct. App. 2011)

. . . However, because section 893.07, Florida Statutes (2008), requires pharmacists to maintain records containing . . . Section 893.07(4) further provides in pertinent part that “[e]very inventory or record required by this . . . section 893.07(4) authorizes “law enforcement officers whose duty it is to enforce the laws of this . . . Thus section 893.07(4) authorized Detective Armstrong — a narcotics detective investigating a pharmacy . . . Hendley’s motion to suppress under the authority of section 893.07(4). . . .

P. JASIN, v. MICHAEL, BEST FRIEDRICH, LLP., 409 F. App'x 575 (3d Cir. 2011)

. . . . § 893.07, Judicial Council Committee’s Note. . . .

STATE v. HERC,, 67 So. 3d 266 (Fla. Dist. Ct. App. 2011)

. . . Carter, 23 So.3d 798, 799 (Fla. 1st DCA 2009), which held that pursuant to section 893.07(4), Florida . . .

STATE v. SHUKITIS,, 60 So. 3d 406 (Fla. Dist. Ct. App. 2010)

. . . The State, however, argued below that the instant records were obtained pursuant to section 893.07(4) . . . In Tamulonis, this court also concluded that section 893.07(4) allows for controlled substance records . . . If the [legislature intended to require pharmacies to notify patients in connection with section 893.07 . . .

STATE v. YUTZY,, 43 So. 3d 910 (Fla. Dist. Ct. App. 2010)

. . . Rather, section 893.07(4), Florida Statutes (2007), which requires pharmacists to maintain controlled . . . And because section 893.07(4) is narrowly tailored to effectuate the compelling state interest in regulating . . .

STATE v. TAMULONIS,, 39 So. 3d 524 (Fla. Dist. Ct. App. 2010)

. . . Carter, 23 So.3d 798 (Fla. 1st DCA 2009), in which the First District determined that section 893.07( . . . The State responded that pharmacy records are not medical records and that section 893.07(4), Florida . . . Section 893.07 requires pharmacists to maintain controlled substance records, including prescription . . . If the Legislature intended to require pharmacies to notify patients in connection with section 893.07 . . . We also find that section 893.07 is narrowly tailored. . . .

STATE v. BEAN,, 36 So. 3d 116 (Fla. Dist. Ct. App. 2010)

. . . Bean are trumped by the authority given to the State in section 893.07. . . . .” § 893.07(4). . . . constitutional issue had been raised in the motion to suppress, the order makes a determination that section 893.07 . . .

STATE v. FERNANDEZ,, 36 So. 3d 120 (Fla. Dist. Ct. App. 2010)

. . . She argued that section 893.07(4), Florida Statutes (2007), is unconstitutional as applied to the inspection . . . The State responded that a prescription is not a medical record and that section 893.07(4) allows law . . . The trial court noted that section 893.07(4) appears overly broad and contains no checks and balances . . . On appeal, the State argues that section 893.07(4) applies to the inspection and copying of prescription . . . The court held that section 893.07(4) applied and that it did not require pharmacies to “withhold such . . .

STATE v. L. CARTER,, 23 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . Because section 893.07(4), Florida Statutes, requires pharmacies to make controlled substance records . . . The pharmacy provided the records to the investigator pursuant to section 893.07(4), Florida Statutes . . . To the contrary, section 893.07(4), Florida Statutes, requires pharmacies to maintain the records at . . . If the Legislature intended to require pharmacies to notify patients in connection with section 893.07 . . . Dep’t of Prof'l Regulation, 416 So.2d 1197, 1198 (Fla. 3d DCA 1982) (search pursuant to § 893.07(4), . . .

L. MALONE, v. CORRECTIONS CORPORATION OF AMERICA,, 553 F.3d 540 (7th Cir. 2009)

. . . . § 893.07(1); Wenke v. Gehl Co., 274 Wis.2d 220, 682 N.W.2d 405 (2004). . . .

A. STUPAK, v. HOFFMAN- LA ROCHE, INC., 315 F. Supp. 2d 970 (E.D. Wis. 2004)

. . . . § 893.07(1), which provides: “If an action is brought in this state on a foreign cause of action and . . . Smullen and the Fund must be considered a foreign cause of action within the meaning of § 893.07(1). . . . No court, however, has previously applied § 893.07(1) to a wrongful death action predicated on medical . . . Thus, in each case, the court concluded that the cause of action was foreign and § 893.07 applied. . . . And since § 893.07(1) does not apply if even a fraction of the plaintiffs injury occurred in Wisconsin . . .

R. MERNER v. DEERE COMPANY ABC M. B. J. v. ABC, 176 F. Supp. 2d 882 (E.D. Wis. 2001)

. . . . § 893.07. . . . Accordingly, under § 893.07, the fifteen-year period of repose is borrowed from Iowa Code § 614.1(2A) . . . Plaintiffs rely on the judicial committee notes which accompany § 893.07. . . . Plaintiffs conclude: “Since the stated purpose of § 893.07(1) ... was to make a rule of the common law . . . The purpose of § 893.07(1) was not to codify the “longstanding judicial distinction between statutes . . .

COMBS, II C. T. A. II, v. INTERNATIONAL INSURANCE COMPANY,, 163 F. Supp. 2d 686 (E.D. Ky. 2001)

. . . . § 893.07(1) (2000) Wisconsin’s “Foreign cause of action” terminology is equivalent in operation to . . .

DOE, v. AMERICAN STORES COMPANY, 74 F. Supp. 2d 855 (E.D. Wis. 1999)

. . . is a section of the reply brief which raises for the first time Wisconsin’s “borrowing statute”, § 893.07 . . .

A. J. FAIGIN, v. DOUBLEDAY DELL PUBLISHING GROUP, INC., 98 F.3d 268 (7th Cir. 1996)

. . . . § 893.07. (Subsection (1) is the pertinent provision here, of course.) . . . Recall that section 893.07, which we quoted earlier, invokes the foreign limitations period for a foreign . . . if the foreign limitations period has not expired and the Wisconsin limitations period has, section 893.07 . . . predict whether a Wisconsin court would consider Faigin’s claim to be a “foreign cause of action” under § 893.07 . . .

ALIOTO, v. MARSHALL FIELD S COMPANY, a ABC a, 77 F.3d 934 (7th Cir. 1996)

. . . . § 893.07(1) ("If an action is brought in this state on a foreign cause of action and the foreign period . . .

TERRANOVA, Jr. F A v. TERRANOVA, F A Co., 883 F. Supp. 1273 (W.D. Wis. 1995)

. . . . § 893.07(1). . . . I agree and conclude that each of these tort claims is a foreign cause of action under § 893.07 because . . . is concerned with enunciating a clear standard for assessing whether an action is “foreign” under § 893.07 . . . In sum, I conclude that under § 893.07(1), plaintiffs’ injuries were received only in California, the . . . Consequently, plaintiffs’ claims for indemnification are not “foreign eause[s] of action” under § 893.07 . . .

DOE, v. AMERICAN NATIONAL RED CROSS, a, 847 F. Supp. 643 (W.D. Wis. 1994)

. . . . § 893.07, provides: (1) If an action is brought in this state on a foreign cause of action and the . . . Under § 893.07, the place of injury determines the applicable period of limitation. . . .

A. JOHNSON R. J. v. A. W. CHESTERTON COMPANY, v. HITCHCOCK, C. A. PIASKOSKI,, 18 F.3d 1362 (7th Cir. 1994)

. . . . § 893.07(1). . . .

DAHLBERG v. Dr. L. HARRIS, P. A. St. s, 916 F.2d 443 (8th Cir. 1990)

. . . . § 893.07 (1987-88), requires the forum court to adopt the commencement provision of the jurisdiction . . . Wisconsin’s conflicts law pertaining to statutes of limitations is contained in Wis.Stat. § 893.07. . . . Section 893.07 is a borrowing statute that adopts the statute of limitations of another jurisdiction . . . The Wisconsin Supreme Court has interpreted § 893.07 on only two occasions. See Scott v. . . . Guertin, 415 N.W.2d at 833-34 (citing the Judicial Council Committee’s Note to § 893.07). . . .

W. McMAHON, v. PENNSYLVANIA LIFE INSURANCE COMPANY, C. W., 891 F.2d 1251 (7th Cir. 1989)

. . . . § 893.07 provides: (1) If an action is brought in this state on a foreign cause of action and the foreign . . . court made it plain that certainty and predictability were primary motivations in the drafting of § 893.07 . . . * To apply choice-influencing considerations to the issue of timeliness of an action resolved by § 893.07 . . . Section 893.07(1) requires that we first determine whether California’s limitations period has run. . . . contracts (two years) and written contracts (four years) have expired, the claim is barred under § 893.07 . . .

J. SLATTERY, v. UNITED STATES,, 16 Cl. Ct. 79 (Cl. Ct. 1988)

. . . In February 1986 an IRS audit determined that plaintiff owed an additional $2297.24, of which $893.07 . . .

DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF PHARMACY v. GOLDSTEIN CENTER PHARMACY, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hearings 1987)

. . . Section 893.07(l)(b), Florida Statutes, requires that every person dispensing or distributing controlled . . . Section 893.07(5), Florida Statutes, imposes the following additional record-keeping requirement on every . . . Florida Statutes, on the grounds that Gus Goldstein has violated one or more provisions of Section 893.07 . . . (l)(b) and Section 893.07(5), Florida Statutes, and is, therefore, in violation of Section 465.016(l) . . . (l)(b) and Section 893.07(5), Florida Statutes, and is, therefore, in violation of Section 465.023(l) . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS v. KOO, 28 Fla. Supp. 2d 216 (Fla. Div. Admin. Hearings 1987)

. . . Section 893.07, Florida Statutes, requires certain record keeping for persons dispensing controlled substances . . . to maintain an inventory of the controlled substances in his office and therefore violated Section 893.07 . . .

A. BEARD F. v. J. I. CASE COMPANY, a a, 823 F.2d 1095 (7th Cir. 1987)

. . . . § 893.07 (West 1983), barred the action. . . . The Wisconsin borrowing statute, Wis.Stat.Ann. § 893.07 (West 1983), provides that a plaintiff may not . . . Wis.Stat.Ann. § 893.07 (West 1983). . . .

E. JOHNSON v. DELTADYNAMICS, INC., 813 F.2d 944 (7th Cir. 1987)

. . . . § 893.07(2). . . . The Council’s note on section 893.07(2) was presented to the Wisconsin legislature when the bill that . . .

W. GETTEL, v. STATE, 449 So. 2d 413 (Fla. Dist. Ct. App. 1984)

. . . warrant when they entered the pharmacy and seized the prescriptions, apparently relying upon section 893.07 . . . Section 893.07 was enacted in 1973 as part of a major legislative revision of the Florida drug abuse . . . did contain record keeping and record inspection provisions similar to those later enacted in section 893.07 . . . Unlike the prior provisions of sections 404.06 and 465.131, Florida Statutes (1969), section 893.07, . . . Section 893.07 is part of the Florida Comprehensive Drug Abuse Prevention and Control Act, Chapter 893 . . .

OFFICE SUPPLY CO. INC. a v. BASIC FOUR CORPORATION, a, 538 F. Supp. 776 (E.D. Wis. 1982)

. . . applied because the contract specifically provides for the application of California law and because § 893.07 . . . Section 893.07 provides in part: “(1) If an action is brought in this state on a foreign cause of action . . . circumstances that a foreign statute of limitations should govern the action, it could have adopted in § 893.07 . . . plaintiff’s cause of action in this case is not a “foreign cause of action” within the meaning of § 893.07 . . . , Wis.Stats., or mandates any result different from the result which obtains under § 893.07. . . . .