Senate Bill 1292e2

    SB 1292                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.12, F.S.; deleting the

  4         requirement that a copy of the record of the

  5         destruction of seized controlled substances be

  6         sent to the Drug Enforcement Administration;

  7         amending s. 893.138, F.S.; increasing the

  8         maximum cumulative fine that may be levied

  9         against properties designated public nuisances

10         for drug-related activity or other offenses;

11         requiring the Department of Health to contract

12         with South Florida Substance Abuse, Inc., to

13         provide certain treatment to clients served by

14         such facility and providing an appropriation

15         therefor; providing an effective date.

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

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19         Section 1.  Paragraph (a) of subsection (1) of section

20  893.12, Florida Statutes, is amended to read:

21         893.12  Contraband; seizure, forfeiture, sale.--

22         (1)  All substances controlled by this chapter and all

23  listed chemicals, which substances or chemicals are handled,

24  delivered, possessed, or distributed contrary to any

25  provisions of this chapter, and all such controlled substances

26  or listed chemicals the lawful possession of which is not

27  established or the title to which cannot be ascertained, are

28  declared to be contraband, are subject to seizure and

29  confiscation by any person whose duty it is to enforce the

30  provisions of the chapter, and shall be disposed of as

31  follows:


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






    SB 1292                                       Second Engrossed



  1         (a)  Except as in this section otherwise provided, the

  2  court having jurisdiction shall order such controlled

  3  substances or listed chemicals forfeited and destroyed.  A

  4  record of the place where said controlled substances or listed

  5  chemicals were seized, of the kinds and quantities of

  6  controlled substances or listed chemicals destroyed, and of

  7  the time, place, and manner of destruction shall be kept, and

  8  a return under oath reporting said destruction shall be made

  9  to the court or magistrate and to the United States Drug

10  Enforcement Administration by the officer who destroys them.

11         Section 2.  Subsection (10) of section 893.138, Florida

12  Statutes, is amended to read:

13         893.138  Local administrative action to abate

14  drug-related or prostitution-related public nuisances and

15  criminal street gang activity.--

16         (10)  The provisions of this section may be

17  supplemented by a county or municipal ordinance.  The

18  ordinance may include, but is not limited to, provisions that

19  establish additional penalties for public nuisances, including

20  fines not to exceed $250 per day; provide for the payment of

21  reasonable costs, including reasonable attorney fees

22  associated with investigations of and hearings on public

23  nuisances; provide for continuing jurisdiction for a period of

24  1 year over any place or premises that has been or is declared

25  to be a public nuisance; establish penalties, including fines

26  not to exceed $500 per day for recurring public nuisances;

27  provide for the recording of orders on public nuisances so

28  that notice must be given to subsequent purchasers, successors

29  in interest, or assigns of the real property that is the

30  subject of the order; provide that recorded orders on public

31  nuisances may become liens against the real property that is


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






    SB 1292                                       Second Engrossed



  1  the subject of the order; and provide for the foreclosure of

  2  property subject to a lien and the recovery of all costs,

  3  including reasonable attorney fees, associated with the

  4  recording of orders and foreclosure.  No lien created pursuant

  5  to the provisions of this section may be foreclosed on real

  6  property which is a homestead under s. 4, Art. X of the State

  7  Constitution.  The total fines imposed pursuant to the

  8  authority of this section shall not exceed $7,500 $5,000.

  9  Nothing contained within this section prohibits a county or

10  municipality from proceeding against a public nuisance by any

11  other means.

12         Section 3.  The Department of Health is hereby directed

13  to contract with South Florida Substance Abuse, Inc., in the

14  amount of $400,000 during fiscal year 1998-1999, to provide

15  HIV/AIDS and methadone treatment to clients served by such

16  facility. For the purposes of this section, the sum of

17  $400,000 is hereby appropriated from the General Revenue Fund

18  to the Department of Health in fiscal year 1998-1999.

19         Section 4.  This act shall take effect upon becoming a

20  law.

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