Florida Regulations 61N-1.022: Ether Applications; Licensing; Permitting; Records; Security; Distributing; Disposal
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(1) Any person requiring a license or permit may request an Application for Permit as a Diethyl Ether Manufacturer, Distributor, Dealer, or Purchaser DBPR-DDC Form 233, effective April 2016, which is incorporated by reference in Fl. Admin. Code R. 61N-2.004 To renew a permit which has not expired, been revoked, suspended or otherwise terminated, a person must file with the department a completed “”Application for Permit Renewal Under Florida Statutes Chapter 499,”” DBPR-DDC Form 2, https://www.flrules.org/Gateway/reference.asp?No=Ref-13232, effective October 2014, which is incorporated by reference herein.
(a) The following items must accompany the initial Application for Diethyl Ether Permit and renewal applications:
1. Accurate and Current Photographs – Two accurate and current photographs, taken within 6 months of the submission date of the application, of the chief executive officer or owner. The photographs must measure 2 inches by 2 inches and be clearly recognizable with a front view, full face image.
2. Fingerprint Cards – A complete set of fingerprints of the applicant taken by an authorized law enforcement officer on forms provided by the department. A new set of fingerprint cards is not required if the applicant is applying for a renewal license or permit for a license or permit held during the prior license or permit year which was not suspended or revoked and the chief executive officer has not changed.
(b) The following fees are payable to the Professional Regulation Trust Fund and must be submitted with an initial application or renewal application for a license or permit to handle diethyl ether:
Permit Annual Fee
Manufacturer
$700.00
Distributor
$700.00
Dealer
$350.00
Purchaser
$150.00
(2) A person who uses ether for lawful research, teaching, or testing may obtain an exemption letter from the department to authorize acquisition of ether for this activity. The person must submit correspondence to the department explaining the conditions of the lawful research, teaching, or testing, along with a statement signed by the person who will be responsible for the ether, that the ether will be secured, that access will be restricted to authorized persons, and that the ether is not for resale. This correspondence should also identify the name in which purchases will be made, the quantity which will be purchased, the frequency of the purchases, and the name and Florida license number of the supplier of the ether. The department may waive any or all of these specific elements due to the nature of the research, teaching or testing, and the department may require additional information, such as photographs and fingerprint verification, as a condition of issuing the exemption letter. The department may issue an exemption letter to the person which authorizes the purchase or other acquisition and possession of ether. A copy of this exemption letter must be included with required record documentation.
(3) Records:
(a) All persons who are exempt from licensure and reside in the state of Florida shall keep records of ether purchases, use, or disposition which shall be made immediately available to authorized agents of the department of the Department of Law Enforcement.
(b) All original invoices or other documentation representing the sale or transfer of ether required by part II of chapter 499, F.S., shall include the name, address and license or permit number of the seller/transferor; the name, address and license or permit number of the recipient/transferee; the date of transfer; and the signature of the purchaser. A copy of an exemption letter issued by the department as provided in subsection (2) of this rule, must be maintained for all sales of ether in excess of 2.5 gallons to persons who are exempt from licensure. All required records shall be retained for a period of 5 years and shall be immediately available and subject to examination and copying by the department and the Florida Department of Law Enforcement of each such transaction.
(c) Computer Records – Records of each transaction involving ether may be maintained by electronic methods, such as computers or imaging devices. The original invoices and other records bearing the information required, or true copies of these original records, must be maintained by the person involved in the transaction, including each broker and agent.
(4) Security: Every person in the state who possesses ether shall secure it in a manner which functionally and practically deters unauthorized access to the ether.
Rulemaking Authority 499.701 FS. Law Implemented 499.03, 499.62, 499.64, 499.65, 499.66, 499.67, 599.79 FS. History-New 11-26-86, Formerly 10D-45.58, Amended 2-4-93, 7-1-96, Formerly 10D-45.058, 64F-12.022, Amended 9-22-22.
(a) The following items must accompany the initial Application for Diethyl Ether Permit and renewal applications:
1. Accurate and Current Photographs – Two accurate and current photographs, taken within 6 months of the submission date of the application, of the chief executive officer or owner. The photographs must measure 2 inches by 2 inches and be clearly recognizable with a front view, full face image.
2. Fingerprint Cards – A complete set of fingerprints of the applicant taken by an authorized law enforcement officer on forms provided by the department. A new set of fingerprint cards is not required if the applicant is applying for a renewal license or permit for a license or permit held during the prior license or permit year which was not suspended or revoked and the chief executive officer has not changed.
(b) The following fees are payable to the Professional Regulation Trust Fund and must be submitted with an initial application or renewal application for a license or permit to handle diethyl ether:
Permit Annual Fee
Manufacturer
$700.00
Distributor
$700.00
Dealer
$350.00
Purchaser
$150.00
(2) A person who uses ether for lawful research, teaching, or testing may obtain an exemption letter from the department to authorize acquisition of ether for this activity. The person must submit correspondence to the department explaining the conditions of the lawful research, teaching, or testing, along with a statement signed by the person who will be responsible for the ether, that the ether will be secured, that access will be restricted to authorized persons, and that the ether is not for resale. This correspondence should also identify the name in which purchases will be made, the quantity which will be purchased, the frequency of the purchases, and the name and Florida license number of the supplier of the ether. The department may waive any or all of these specific elements due to the nature of the research, teaching or testing, and the department may require additional information, such as photographs and fingerprint verification, as a condition of issuing the exemption letter. The department may issue an exemption letter to the person which authorizes the purchase or other acquisition and possession of ether. A copy of this exemption letter must be included with required record documentation.
(3) Records:
(a) All persons who are exempt from licensure and reside in the state of Florida shall keep records of ether purchases, use, or disposition which shall be made immediately available to authorized agents of the department of the Department of Law Enforcement.
(b) All original invoices or other documentation representing the sale or transfer of ether required by part II of chapter 499, F.S., shall include the name, address and license or permit number of the seller/transferor; the name, address and license or permit number of the recipient/transferee; the date of transfer; and the signature of the purchaser. A copy of an exemption letter issued by the department as provided in subsection (2) of this rule, must be maintained for all sales of ether in excess of 2.5 gallons to persons who are exempt from licensure. All required records shall be retained for a period of 5 years and shall be immediately available and subject to examination and copying by the department and the Florida Department of Law Enforcement of each such transaction.
(c) Computer Records – Records of each transaction involving ether may be maintained by electronic methods, such as computers or imaging devices. The original invoices and other records bearing the information required, or true copies of these original records, must be maintained by the person involved in the transaction, including each broker and agent.
(4) Security: Every person in the state who possesses ether shall secure it in a manner which functionally and practically deters unauthorized access to the ether.
Rulemaking Authority 499.701 FS. Law Implemented 499.03, 499.62, 499.64, 499.65, 499.66, 499.67, 599.79 FS. History-New 11-26-86, Formerly 10D-45.58, Amended 2-4-93, 7-1-96, Formerly 10D-45.058, 64F-12.022, Amended 9-22-22.