52.65(A) Purpose and intent. The
finds and declares that the products and synthetic substances described hereunder are commonly used as alternatives to amphetamines, cocaine, ecstasy and other illegal drugs. The
further finds that these synthetic substances are particularly appealing to youth, and that these synthetic substances are potentially dangerous to users in the short term and the long term effects are not yet known. The
finds that the products which contain these synthetic substances often use a disclaimer that the product is “not for human consumption” to avoid regulations that require the manufacturer to list the product’s active ingredients. The
finds that drug designers and chemists can quickly create new
once federal or state law makes a particular
illegal. As such, the
finds that there is a need to declare illegal the distribution, sale, offer for distribution or sale, purchase with intent to distribute or sell or public display for distribution or sale of synthetic substances that mimic illegal controlled substances, even though such synthetic substances have not yet themselves been categorized as illegal controlled substances under federal or state law. The
further finds that it is proper and necessary for the Commission to exercise its authority to safeguard and protect the public health, safety and welfare by taking this action.
52.65(B) Application. This Section shall be applicable within the
to the fullest extent allowed by law.
52.65(C) Conflict. Any applicable Broward County ordinance governing this subject area that is more stringent than this Section or that declares illegal a substance that is not declared illegal by this Section shall remain enforceable within the
.
52.65(D) Distribution, sale, offer for distribution or sale and purchase with intent to distribute or sell
bath salts and
prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other Person to distribute,
sell, offer for distribution or sale or purchase with intent to distribute or sell any
bath salts as defined herein or any
as defined herein.
52.65(E) Public display for distribution or sale of
bath salts and Synthetic Stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other Person to publicly display for distribution or sale any bath salts as defined herein or any as defined herein.
52.65(F) Affirmative defense. It shall be an affirmative defense to prosecution of a violation of this Section if the distribution, sale, offer for distribution or sale, purchase with intent to distribute or sell or public display for distribution or sale of bath salts as defined herein or as defined herein is pursuant to the direction or prescription of a licensed physician or dentist authorized in the State of Florida to direct or prescribe such act.
52.65(G) Seizure and destruction of
bath salts and
. bath salts and prohibited herein may be seized by law enforcement officers and may be destroyed in the same manner used to destroy narcotics and contraband substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
52.65(H) Injunctive relief. The
shall have the authority to seek an injunction against any
violating the provisions of this Section. In any action seeking an injunction, the
shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
52.65(I) Subsequent federal or state action. If Congress or a federal agency amends federal law to include a particular substance or otherwise enacts or amends a federal law providing for criminal penalties for the prohibitions of substances set forth in this Section, then upon the effective date of such enactment or amendment, the provisions of this Section addressed by federal law shall no longer be deemed effective. Any violations of this Section committed prior to Congress or a federal agency enacting a federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in F.S. § 893.01 to include a particular substance or otherwise enacts, or amends a State statute providing for criminal penalties for the prohibitions of substances set forth in this Section, then upon the effective date of such enactment or amendment, the provisions of this Section addressed by the State statute shall no longer be deemed effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in F.S. Chapter 893 adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the effective date of such enactment or amendment, the provisions of this Section addressed by the rulemaking shall no longer be deemed effective.
Any violations of this Section committed prior to the Florida Legislature enacting such a statute or the Florida Attorney General promulgating rules may be prosecuted.
52.65(J) Penalty. Any store owner, store manager, store purchasing agent or other
violating any provision of this Section shall be punishable as provided in § 2.99 of the Code.
(Ord. 2012-18, passed 9-24-2012)