Senate Bill sb0270c1

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    Florida Senate - 2007                            CS for SB 270

    By the Committee on Criminal Justice; and Senator Lynn





    591-2508-07

  1                      A bill to be entitled

  2         An act relating to illicit drugs; creating

  3         within the Executive Office of the Governor the

  4         Task Force for the Remediation of Illicit Drug

  5         Labs; prescribing the membership of the task

  6         force; providing for meetings and duties of the

  7         task force; requiring public hearings;

  8         providing for members of the task force to be

  9         reimbursed for per diem and travel expenses;

10         requiring that the Office of Drug Control

11         within the Executive Office of the Governor

12         provide staff support; requiring that the task

13         force file reports and recommendations to the

14         Governor and the Legislature; requiring

15         cooperation by state agencies; creating within

16         the Executive Office of the Governor the Drug

17         Paraphernalia Abatement Task Force; prescribing

18         task force membership; providing for meetings

19         and duties of the task force; providing that

20         meetings and records of the task force are

21         subject to statutory public meetings and

22         records requirements; providing for members of

23         the task force to be reimbursed for per diem

24         and travel expenses; requiring that the Office

25         of Drug Control within the Executive Office of

26         the Governor provide staff support; requiring

27         that the task force file preliminary and final

28         reports before specified deadlines; requiring

29         cooperation by state agencies; abolishing the

30         task force on a specified date; providing an

31         effective date.

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Task Force for the Remediation of Illicit

 4  Drug Labs.--

 5         (1)(a)  There is created within the Executive Office of

 6  the Governor the Task Force for the Remediation of Illicit

 7  Drug Labs, a task force as defined in s. 20.03, Florida

 8  Statutes. The task force is created for the purpose of

 9  recommending strategies and actions for reducing or

10  eliminating health risks from structures and locations

11  anywhere a lab is found in this state at which methamphetamine

12  or other contraband has been manufactured in violation of law.

13         (b)  The task force shall consist of the following 13

14  members:

15         1.  The director of the Office of Drug Control within

16  the Executive Office of the Governor, who shall serve as

17  chairperson of the task force.

18         2.  The executive director of the Department of Law

19  Enforcement or his or her designee.

20         3.  The Secretary of Health or his or her designee.

21         4.  The Secretary of Environmental Protection or his or

22  her designee.

23         5.  The Secretary of Community Affairs or his or her

24  designee.

25         6.  A member of the Senate, appointed by the President

26  of the Senate.

27         7.  A member of the House of Representatives, appointed

28  by the Speaker of the House of Representatives.

29         8.  A state attorney or his or her designee.

30         9.  A representative of the Florida League of Cities.

31  

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1         10.  A representative of the Florida Association of

 2  Counties.

 3         11.  A sheriff or his or her designee.

 4         12.  A police chief or his or her designee.

 5         13.  A representative of the Florida Association of

 6  Realtors.

 7         (c)  The Governor shall appoint the task force members

 8  described in subparagraphs (b)8.-13. by July 1, 2007. Such

 9  appointees must be representative of the geographic regions

10  and ethnic and gender diversity of this state. The first

11  meeting of the task force shall be held by August 1, 2007. All

12  recommendations of the task force shall be by majority vote.

13  Seven members constitute a quorum.

14         (d)  The task force shall meet at the call of the

15  chairperson and shall conduct at least three public meetings

16  in the state.

17         (e)  Members of the task force shall serve without

18  compensation, but are entitled to reimbursement for per diem

19  and travel expenses in accordance with s. 112.061, Florida

20  Statutes.

21         (f)  The Office of Drug Control within the Executive

22  Office of the Governor, the Department of Law Enforcement, the

23  Department of Health, the Department of Community Affairs, and

24  the Department of Environmental Protection shall provide staff

25  support for the task force within existing appropriations.

26         (2)  The task force shall study, take testimony, and

27  develop findings and recommendations regarding the remediation

28  of health risks from structures and locations anywhere a lab

29  is found in this state at which methamphetamine or other

30  contraband has been manufactured in violation of law,

31  including, but not limited to:

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1         (a)  The nature and extent of such remediation; the

 2  standards, training, and funding that are relevant to such

 3  remediation; and the responsibility for such remediation.

 4         (b)  Current state or local laws governing remediation,

 5  including consideration of revisions to such laws.

 6         (c)  Current federal laws or laws of other states which

 7  are relevant to such remediation, including the effectiveness

 8  of those laws in remediating health risks from structures and

 9  locations anywhere a lab is found, at which contraband has

10  been manufactured.

11         (d)  Any other subject that is relevant to reducing or

12  eliminating the health risks from structures and locations

13  anywhere a lab is found in this state at which methamphetamine

14  or other contraband has been manufactured.

15         (3)  The task force shall submit a preliminary draft

16  report of its findings and recommendations to the Governor,

17  the President of the Senate, and the Speaker of the House of

18  Representatives at least 90 days before the first day of the

19  2008 Regular Session of the Legislature. The final report

20  shall be filed with the Governor, the President of the Senate,

21  and the Speaker of the House of Representatives at least 30

22  days before the first day of the 2008 Regular Session. In

23  addition to the findings and recommendations included in the

24  final report, the report must include a draft of proposed

25  rules and proposed legislation for any recommendations

26  requiring a change in rules or legislation.

27         (4)  Each state agency shall fully cooperate with the

28  task force in the performance of its duties.

29         (5)  All meetings of the task force and all business of

30  the task force for which reimbursement may be requested shall

31  be concluded before the final report is filed.

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1         Section 2.  Drug Paraphernalia Abatement Task Force.--

 2         (1)(a)  There is created within the Executive Office of

 3  the Governor the Drug Paraphernalia Abatement Task Force for

 4  the purpose of recommending strategies and actions for abating

 5  access to and the use and proliferation of drug paraphernalia,

 6  as that term is defined in s. 893.145, Florida Statutes.

 7         (b)  The task force shall consist of the following nine

 8  members:

 9         1.  The Secretary of Business and Professional

10  Regulation or his or her designee.

11         2.  The Secretary of Health or his or her designee.

12         3.  The director of the Office of Drug Control within

13  the Executive Office of the Governor.

14         4.  A representative from a corporation that is

15  licensed to do business in this state and that sells any of

16  the items described in s. 893.145, Florida Statutes, which may

17  be used as drug paraphernalia.

18         5.  A local law enforcement official or officer.

19         6.  A member of a faith-based community.

20         7.  A superintendent of a school district or a

21  principal of a secondary school.

22         8.  A member of a community organization concerned

23  about issues relating to illicit activities involving

24  controlled substances, including access to and the use and

25  proliferation of drug paraphernalia.

26         9.  A former or recovering drug addict.

27         (c)  Members of the task force shall be appointed by

28  the Governor by July 1, 2007, and shall be representative of

29  the geographic regions and ethnic and gender diversity of this

30  state. The first meeting of the task force shall be held by

31  July 15, 2007, at which time the members shall select by

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1  majority vote a chairperson from among the task force members.

 2  All recommendations of the task force shall be by majority

 3  vote.

 4         (d)  The task force shall meet at the call of the

 5  chairperson, as approved by the Governor, and shall conduct at

 6  least three public meetings, which shall be held in localities

 7  throughout this state that have a significant urban business

 8  district or have experienced problems with illicit

 9  controlled-substance activity resulting, in part, from access

10  to and the use and proliferation of drug paraphernalia.

11         (e)  Meetings of the task force shall be open to the

12  public and are subject to the requirements of chapter 286,

13  Florida Statutes. Records of the task force are public records

14  and subject to the requirements of chapter 119, Florida

15  Statutes, except to the extent that public access to any of

16  those records may be restricted pursuant to that chapter.

17         (f)  Members of the task force shall serve without

18  compensation but are entitled to reimbursement for per diem

19  and travel expenses in accordance with s. 112.061, Florida

20  Statutes.

21         (g)  The Office of Drug Control within the Executive

22  Office of the Governor shall provide staff support for the

23  task force within existing appropriations.

24         (2)(a)  The task force shall study and take testimony

25  regarding:

26         1.  The nature and extent of the problem of access to

27  and the use and proliferation of drug paraphernalia in this

28  state, including the extent to which the marketing, selling,

29  or purchasing of items that may be used as drug paraphernalia

30  may contribute to that problem.

31  

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1         2.  Businesses that sell items that may be used as drug

 2  paraphernalia, including, but not limited to, consideration

 3  of:

 4         a.  The types, ownership, organization, and operation

 5  of those businesses.

 6         b.  The regulation of those businesses and the state

 7  and federal laws applicable to them.

 8         c.  The marketing or selling of those items by those

 9  businesses.

10         d.  The inventory and sale of those items relative to

11  the total inventory and total sales of those businesses.

12         e.  Measures taken by those businesses to restrict

13  purchases of those items by minors or otherwise restrict

14  purchases of those items.

15         f.  The clientele of those businesses.

16         g.  The prevalence of civil or criminal enforcement

17  actions taken against those businesses for violations of state

18  or federal rules or laws that are relevant to prohibited

19  activities involving drug paraphernalia.

20         h.  The location of those businesses relative to the

21  location of schools; churches or places of worship;

22  neighborhoods; and buildings, facilities, and areas where

23  children may regularly congregate.

24         i.  The opinions and concerns of local residents,

25  community and neighborhood activists and leaders, faith-based

26  community members and leaders, school personnel and students,

27  businesses, service providers, local law enforcement officials

28  and officers, and local government officials regarding those

29  businesses.

30         j.  Local or community efforts to restrict or regulate

31  those businesses.

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1         3.  Current rules and laws and current efforts by

 2  regulatory agencies and law enforcement agencies to abate

 3  access to and the use and proliferation of drug paraphernalia

 4  in this state, including, but not limited to, consideration of

 5  whether it is necessary to amend those rules or laws or

 6  propose new rules or new legislation.

 7         4.  Approaches to abate access to and the use and

 8  proliferation of drug paraphernalia, including, but not

 9  limited to:

10         a.  Conforming the rules or laws of this state to

11  federal rules or laws that are relevant to abating access to

12  and the use and proliferation of drug paraphernalia.

13         b.  Restricting the marketing, selling, or purchasing

14  of any item that may be used as drug paraphernalia and legal

15  concerns relevant to that restriction.

16         c.  Adopting provisions of rules or laws of other

17  states that are relevant to abating access to and the use and

18  proliferation of drug paraphernalia.

19         5.  Any other subject that is relevant to abating

20  access to and the use and proliferation of drug paraphernalia.

21         (b)  The task force shall submit a preliminary draft

22  report of its findings and recommendations to the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives at least 45 days before the first day of the

25  2008 Regular Session of the Legislature. The final report

26  shall be filed with the Governor, the President of the Senate,

27  and the Speaker of the House of Representatives at least 30

28  days before the first day of the 2008 Regular Session. In

29  addition to the findings and recommendations included in the

30  final report of the task force, the final report must include

31  a draft of proposed rules and proposed legislation for any

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    Florida Senate - 2007                            CS for SB 270
    591-2508-07




 1  recommendations requiring proposed rules and proposed

 2  legislation.

 3         (c)  Each state agency shall fully cooperate with the

 4  task force in the performance of its duties.

 5         (3)(a)  All meetings of the task force and all business

 6  of the task force for which reimbursement may be requested

 7  shall be concluded before the final report is filed.

 8         (b)  The task force is abolished July 1, 2008.

 9         Section 3.  This act shall take effect upon becoming a

10  law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 270

14                                 

15  
    -    Creates a nine-member Drug Paraphernalia Abatement Task
16       Force within the Executive Office of the Governor to
         recommend strategies and actions for lessening access to
17       and the use of drug paraphernalia.

18  -    Provides for task force membership, staffing, voting,
         meeting location, open records and meetings, and study
19       topics.

20  -    Provides that task force members serve without
         compensation, but are entitled to reimbursement for per
21       diem and travel expenses in accordance with s. 112.061,
         F.S., and that staffing is provided within existing
22       appropriations.

23  -    Abolishes the task force on July 1, 2008.

24  -    Requires the task force to submit a preliminary draft
         report of its findings and recommendations to the
25       Governor, the President of the Senate, and the Speaker of
         the House of Representatives at least 45 days before the
26       first day of the 2008 Regular Session of the Legislature,
         and its final report 15 days later.
27  
    -    Requires that the final report include any proposed
28       legislation or rules necessary to implement
         recommendations of the task force.
29  

30  

31  

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