House Bill hb1691

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    Florida House of Representatives - 2001                HB 1691

        By Representative Atwater






  1                      A bill to be entitled

  2         An act relating to law enforcement officers;

  3         amending s. 817.564, F.S.; providing an

  4         exemption from civil or criminal liability for

  5         the sale of imitation controlled substances by

  6         law enforcement officers and other persons

  7         acting at their direction; providing an

  8         effective date.

  9

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

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12         Section 1.  Subsection (6) of section 817.564, Florida

13  Statutes, is amended to read:

14         817.564  Imitation controlled substances defined;

15  possession and distribution prohibited.--

16         (6)  No Civil or criminal liability may not shall be

17  imposed by virtue of this section against: on

18         (a)  Any person operating in accordance with the

19  Florida Comprehensive Drug Abuse Prevention and Control Act

20  who manufactures, dispenses, sells, gives, or distributes an

21  imitation controlled substance for use as a placebo by a

22  licensed practitioner in the course of professional practice

23  or research; or.

24         (b)  A law enforcement officer acting in the officer's

25  official capacity during the course of an active criminal

26  investigation relating to controlled substances which is

27  approved or authorized by the officer's agency or to an

28  informer or third party acting under the direction or control

29  of such an officer as part of an authorized, active criminal

30  investigation relating to controlled substances.

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    Florida House of Representatives - 2001                HB 1691

    744-105-01






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

  2  law.

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  5                          SENATE SUMMARY

  6    Provides immunity from liability for law enforcement
      officers who enforce the imitation controlled substances
  7    law and for other persons acting under their direction.

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