9639683, 2ER11-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 9639683

Notice of Emergency Rule

Department:

DEPARTMENT OF LEGAL AFFAIRS

Overview

RULE:

2ER11-1

Addition of 3,4 - Methylenedioxymethcathinone (Methylone), 3,4 - Methylenedioxypyrovalerone (MDPV), 4 - Methylmethcathinone (Mephedrone), 3 - Methoxymethcathinone, 3 - Fluoromethcathinone, and 4 - Fluoromethcathinone, to Schedule I, Subsection 893.03(1), F.S.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In written findings published on the date this emergency rule was filed with the Secretary of State’s Office, Attorney General Bondi has found that there is a need to immediately place the above-mentioned compounds commonly known as “bath salts” under Schedule I, subsection 893.03(1)(c), F.S., in order to curtail the abuse of “bath salts” by Florida’s children and young adults. These circumstances present an immediate and imminent hazard to the public health, safety, and welfare which requires emergency action. In addition the Attorney General has found that the above-mentioned compounds meet the statutory criteria for placement as a controlled substance in Schedule I, subsection 893.03(1)(c), F.S.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The above- mentioned compounds commonly known as “bath salts” present an immediate and imminent hazard to the public health, safety, and welfare which requires emergency action. The Attorney General will ask the Florida Legislature to memorialize this action through legislation in its 2011 legislative session. The Attorney General will immediately begin rulemaking procedures if the Legislature fails to act. A copy of the Attorney General’s findings in support of this emergency rule may be obtained by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050; (850)245-0145.

SUMMARY:

Under the authority of Section 893.05, Florida Statutes, the substances 3,4 – Methylenedioxymethcathinone (Methylone), 3,4 – Methylenedioxypyrovalerone (MDPV), 4 – Methylmethcathinone (Mephedrone), 3 – Methoxymethcathinone, 3 – Fluoromethcathinone, and 4 – Fluoromethcathinone, are being added to Schedule I, Subsection 893.03(1)(c), F.S.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kent Perez, Associate Deputy Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050

PRINT PUBLISH DATE:

2/11/2011 Vol. 37/06

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=2ER11-1&PDate=2/11/2011&Section=4

REFERENCE MATERIALS:

No reference(s).

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