Senate Bill sb0928

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 928

    By Senator Wise





    5-1078-07                                             See HB 1

  1                      A bill to be entitled

  2         An act relating to the abatement of drug

  3         paraphernalia; creating the Drug Paraphernalia

  4         Abatement Task Force within the Executive

  5         Office of the Governor; prescribing task force

  6         membership; providing for meetings and duties

  7         of the task force; providing that meetings and

  8         records of the task force are subject to

  9         statutory public meetings and records

10         requirements; providing for members of the task

11         force to be reimbursed for per diem and travel

12         expenses; requiring the Office of Drug Control

13         within the Executive Office of the Governor to

14         provide staff support; requiring reports;

15         requiring cooperation by state agencies;

16         abolishing the task force on a specified date;

17         providing an effective date.

18  

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

20  

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

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

23  the Governor the Drug Paraphernalia Abatement Task Force for

24  the purpose of recommending strategies and actions for abating

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

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

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

28  members:

29         1.  The Secretary of Business and Professional

30  Regulation or his or her designee.

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

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    Florida Senate - 2007                                   SB 928
    5-1078-07                                             See HB 1




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

 2  the Executive Office of the Governor.

 3         4.  A representative from a corporation that is

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

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

 6  be used as drug paraphernalia.

 7         5.  A local law enforcement official or officer.

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

 9         7.  A superintendent of a school district or a

10  principal of a secondary school.

11         8.  A member of a community organization concerned

12  about issues relating to illicit activities involving

13  controlled substances, including access to and the use and

14  proliferation of drug paraphernalia.

15         9.  A former or recovering drug addict.

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

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

18  the geographic regions and ethnic and gender diversity of this

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

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

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

22  All recommendations of the task force shall be by majority

23  vote.

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

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

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

27  throughout this state that have a significant urban business

28  district or have experienced problems with illicit

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

30  to and the use and proliferation of drug paraphernalia.

31  

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    Florida Senate - 2007                                   SB 928
    5-1078-07                                             See HB 1




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

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

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

 4  and subject to the requirements of chapter 119, Florida

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

 6  those records may be restricted pursuant to that chapter.

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

 8  compensation but are entitled to reimbursement for per diem

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

10  Statutes.

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

12  Office of the Governor shall provide staff support for the

13  task force within existing appropriations.

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

15  regarding:

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

17  and the use and proliferation of drug paraphernalia in this

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

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

20  may contribute to that problem.

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

22  paraphernalia, including, but not limited to, consideration

23  of:

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

25  of those businesses.

26         b.  The regulation of those businesses and the state

27  and federal laws applicable to them.

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

29  businesses.

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

31  the total inventory and total sales of those businesses.

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    Florida Senate - 2007                                   SB 928
    5-1078-07                                             See HB 1




 1         e.  Measures taken by those businesses to restrict

 2  purchases of those items by minors or otherwise restrict

 3  purchases of those items.

 4         f.  The clientele of those businesses.

 5         g.  The prevalence of civil or criminal enforcement

 6  actions taken against those businesses for violations of state

 7  or federal rules or laws that are relevant to prohibited

 8  activities involving drug paraphernalia.

 9         h.  The location of those businesses relative to the

10  location of schools; churches or places of worship;

11  neighborhoods; and buildings, facilities, and areas where

12  children may regularly congregate.

13         i.  The opinions and concerns of local residents,

14  community and neighborhood activists and leaders, faith-based

15  community members and leaders, school personnel and students,

16  businesses, service providers, local law enforcement officials

17  and officers, and local government officials regarding those

18  businesses.

19         j.  Local or community efforts to restrict or regulate

20  those businesses.

21         3.  Current rules and laws and current efforts by

22  regulatory agencies and law enforcement agencies to abate

23  access to and the use and proliferation of drug paraphernalia

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

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

26  propose new rules or new legislation.

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

28  proliferation of drug paraphernalia, including, but not

29  limited to:

30  

31  

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    Florida Senate - 2007                                   SB 928
    5-1078-07                                             See HB 1




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

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

 3  and the use and proliferation of drug paraphernalia.

 4         b.  Restricting the marketing, selling, or purchasing

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

 6  concerns relevant to that restriction.

 7         c.  Adopting provisions of rules or laws of other

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

 9  proliferation of drug paraphernalia.

10         5.  Any other subject that is relevant to abating

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

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

13  report of its findings and recommendations to the Governor,

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

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

16  2008 Regular Session of the Legislature. The final report

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

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

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

20  addition to the findings and recommendations included in the

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

22  a draft of proposed rules and proposed legislation for any

23  recommendations requiring proposed rules and proposed

24  legislation.

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

26  task force in the performance of its duties.

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

28  of the task force for which reimbursement may be requested

29  shall be concluded before the final report is filed.

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

31  

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    Florida Senate - 2007                                   SB 928
    5-1078-07                                             See HB 1




 1         Section 2.  This act shall take effect upon becoming a

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CODING: Words stricken are deletions; words underlined are additions.