Senate Bill sb0640
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
By Senator Burt
16-518A-02
1 A bill to be entitled
2 An act relating to criminal offenses involving
3 health care practitioners or controlled
4 substances; creating s. 456.075, F.S.;
5 authorizing a representative of the Department
6 of Health to appear in a criminal proceeding
7 against a health care professional to furnish
8 information, make recommendations, or provide
9 other assistance; providing that the court may
10 order the representative to appear in a
11 criminal proceeding that relates to the
12 qualifications, functions, or duties of a
13 health care professional; amending s. 893.13,
14 F.S.; increasing the penalty imposed for
15 withholding information from a practitioner
16 concerning a controlled substance; prohibiting
17 a practitioner from prescribing a controlled
18 substance that is excessive or inappropriate,
19 knowingly assisting a person in obtaining a
20 controlled substance through fraud or scheme,
21 knowingly prescribing a controlled substance
22 for a fictitious person, or prescribing a
23 controlled substance for purposes of monetary
24 benefit; providing penalties; amending s.
25 921.0022, F.S., relating to the offense
26 severity ranking chart of the Criminal
27 Punishment Code; conforming provisions to
28 changes made by the act; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 Section 1. Section 456.075, Florida Statutes, is
2 created to read:
3 456.075 In any criminal proceeding against a person
4 licensed by the department to practice a health care
5 profession in this state, a representative of the department
6 may voluntarily appear and furnish pertinent information, make
7 recommendations regarding specific conditions of probation, or
8 provide any other assistance necessary to promote justice or
9 protect the public. The court may order a representative of
10 the department to appear in any criminal proceeding if the
11 crime charged is substantially related to the qualifications,
12 functions, or duties of a health care professional licensed by
13 the department.
14 Section 2. Subsection (7) of section 893.13, Florida
15 Statutes, is amended, and present subsections (8), (9), and
16 (10) of that section are amended and redesignated as
17 subsections (9), (10), and (11), respectively, and a new
18 subsection (8) is added to that section, to read:
19 893.13 Prohibited acts; penalties.--
20 (7)(a) It is unlawful for any person:
21 1. To distribute or dispense a controlled substance in
22 violation of this chapter.
23 2. To refuse or fail to make, keep, or furnish any
24 record, notification, order form, statement, invoice, or
25 information required under this chapter.
26 3. To refuse an entry into any premises for any
27 inspection or to refuse to allow any inspection authorized by
28 this chapter.
29 4. To distribute a controlled substance named or
30 described in s. 893.03(1) or (2) except pursuant to an order
31 form as required by s. 893.06.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 5. To keep or maintain any store, shop, warehouse,
2 dwelling, building, vehicle, boat, aircraft, or other
3 structure or place which is resorted to by persons using
4 controlled substances in violation of this chapter for the
5 purpose of using these substances, or which is used for
6 keeping or selling them in violation of this chapter.
7 6. To use to his or her own personal advantage, or to
8 reveal, any information obtained in enforcement of this
9 chapter except in a prosecution or administrative hearing for
10 a violation of this chapter.
11 7. To withhold information from a practitioner from
12 whom the person seeks to obtain a controlled substance or a
13 prescription for a controlled substance that the person has
14 received a controlled substance or a prescription for a
15 controlled substance of like therapeutic use from another
16 practitioner within the last 30 days.
17 7.8. To possess a prescription form which has not been
18 completed and signed by the practitioner whose name appears
19 printed thereon, unless the person is that practitioner, is an
20 agent or employee of that practitioner, is a pharmacist, or is
21 a supplier of prescription forms who is authorized by that
22 practitioner to possess those forms.
23 8. To withhold information from a practitioner from
24 whom the person seeks to obtain a controlled substance or a
25 prescription for a controlled substance that the person making
26 the request has received a controlled substance or a
27 prescription for a controlled substance of like therapeutic
28 use from another practitioner within the previous 30 days.
29 9. To acquire or obtain, or attempt to acquire or
30 obtain, possession of a controlled substance by
31 misrepresentation, fraud, forgery, deception, or subterfuge.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 10. To affix any false or forged label to a package or
2 receptacle containing a controlled substance.
3 11. To furnish false or fraudulent material
4 information in, or omit any material information from, any
5 report or other document required to be kept or filed under
6 this chapter or any record required to be kept by this
7 chapter.
8 (b) Any person who violates the provisions of
9 subparagraphs (a)1.-7. (a)1.-8. commits a misdemeanor of the
10 first degree, punishable as provided in s. 775.082 or s.
11 775.083; except that, upon a second or subsequent violation,
12 the person commits a felony of the third degree, punishable as
13 provided in s. 775.082, s. 775.083, or s. 775.084.
14 (c) Any person who violates the provisions of
15 subparagraphs (a)8.-11. (a)9.-11. commits a felony of the
16 third degree, punishable as provided in s. 775.082, s.
17 775.083, or s. 775.084.
18 (8)(a) Notwithstanding subsection (9), a prescribing
19 practitioner may not:
20 1. Write a prescription or multiple prescriptions for
21 a controlled substance for a patient or other person for whom,
22 or an animal for which, the prescribing practitioner knew, or
23 should have known, was excessive or inappropriate to treat the
24 patient, other person, or animal because of the quantity or
25 quantities prescribed or the number of prescriptions written;
26 2. Knowingly assist a patient, other person, or the
27 owner of an animal in obtaining a controlled substance through
28 deceptive, untrue, or fraudulent representations in or related
29 to the practice of the prescribing practitioner's professional
30 practice;
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 3. Employ a trick or scheme in the practice of the
2 prescribing practitioner's professional practice to assist a
3 patient, other person, or the owner of an animal in obtaining
4 a controlled substance;
5 4. Knowingly write a prescription for a controlled
6 substance for a fictitious person; or
7 5. Write a prescription for a controlled substance for
8 a patient, other person, or an animal if the sole purpose of
9 writing such prescription is to provide a monetary benefit to,
10 or obtain a monetary benefit for, the prescribing
11 practitioner.
12 (b) A person who violates paragraph (a) commits a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 (c) Notwithstanding paragraph (b), if a prescribing
16 practitioner has violated paragraph (a) and received $1,000 or
17 more in payment for writing one or more prescriptions or, in
18 the case of a prescription written for a controlled substance
19 described in s. 893.135, has written one or more prescriptions
20 for a quantity of a controlled substance which, individually
21 or in the aggregate, meets the threshold for the offense of
22 trafficking in a controlled substance under s. 893.15, the
23 violation is reclassified as a felony of the second degree and
24 ranked in level 4 of the Criminal Punishment Code.
25 (9)(8) The provisions of subsections (1)-(8) (1)-(7)
26 are not applicable to the delivery to, or actual or
27 constructive possession for medical or scientific use or
28 purpose only of controlled substances by, persons included in
29 any of the following classes, or the agents or employees of
30 such persons, for use in the usual course of their business or
31 profession or in the performance of their official duties:
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 (a) Pharmacists.
2 (b) Practitioners.
3 (c) Persons who procure controlled substances in good
4 faith and in the course of professional practice only, by or
5 under the supervision of pharmacists or practitioners employed
6 by them, or for the purpose of lawful research, teaching, or
7 testing, and not for resale.
8 (d) Hospitals that procure controlled substances for
9 lawful administration by practitioners, but only for use by or
10 in the particular hospital.
11 (e) Officers or employees of state, federal, or local
12 governments acting in their official capacity only, or
13 informers acting under their jurisdiction.
14 (f) Common carriers.
15 (g) Manufacturers, wholesalers, and distributors.
16 (h) Law enforcement officers for bona fide law
17 enforcement purposes in the course of an active criminal
18 investigation.
19 (10)(9) Notwithstanding any provision of the
20 sentencing guidelines or the Criminal Punishment Code to the
21 contrary, on or after October 1, 1993, any defendant who:
22 (a) Violates subparagraph (1)(a)1., subparagraph
23 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
24 paragraph (5)(a); and
25 (b) Has not previously been convicted, regardless of
26 whether adjudication was withheld, of any felony, other than a
27 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
28 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
29 (5)(a),
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 may be required by the court to successfully complete a term
2 of probation pursuant to the terms and conditions set forth in
3 s. 948.034(1), in lieu of serving a term of imprisonment.
4 (11)(10) Notwithstanding any provision of the
5 sentencing guidelines or the Criminal Punishment Code to the
6 contrary, on or after January 1, 1994, any defendant who:
7 (a) Violates subparagraph (1)(a)2., subparagraph
8 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
9 (b) Has not previously been convicted, regardless of
10 whether adjudication was withheld, of any felony, other than a
11 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
12 paragraph (5)(b), or paragraph (6)(a),
13
14 may be required by the court to successfully complete a term
15 of probation pursuant to the terms and conditions set forth in
16 s. 948.034(2), in lieu of serving a term of imprisonment.
17 Section 3. Paragraphs (a) and (c) of subsection (3) of
18 section 921.0022, Florida Statutes, are amended to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26 (a) LEVEL 1
27 24.118(3)(a) 3rd Counterfeit or altered state
28 lottery ticket.
29 212.054(2)(b) 3rd Discretionary sales surtax;
30 limitations, administration, and
31 collection.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 212.15(2)(b) 3rd Failure to remit sales taxes,
2 amount greater than $300 but less
3 than $20,000.
4 319.30(5) 3rd Sell, exchange, give away
5 certificate of title or
6 identification number plate.
7 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
8 odometer.
9 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
10 registration license plates or
11 validation stickers.
12 322.212(1) 3rd Possession of forged, stolen,
13 counterfeit, or unlawfully issued
14 driver's license; possession of
15 simulated identification.
16 322.212(4) 3rd Supply or aid in supplying
17 unauthorized driver's license or
18 identification card.
19 322.212(5)(a) 3rd False application for driver's
20 license or identification card.
21 370.13(3)(a) 3rd Molest any stone crab trap, line,
22 or buoy which is property of
23 licenseholder.
24 370.135(1) 3rd Molest any blue crab trap, line,
25 or buoy which is property of
26 licenseholder.
27 372.663(1) 3rd Poach any alligator or
28 crocodilia.
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 414.39(2) 3rd Unauthorized use, possession,
2 forgery, or alteration of food
3 stamps, Medicaid ID, value
4 greater than $200.
5 414.39(3)(a) 3rd Fraudulent misappropriation of
6 public assistance funds by
7 employee/official, value more
8 than $200.
9 443.071(1) 3rd False statement or representation
10 to obtain or increase
11 unemployment compensation
12 benefits.
13 509.151(1) 3rd Defraud an innkeeper, food or
14 lodging value greater than $300.
15 517.302(1) 3rd Violation of the Florida
16 Securities and Investor
17 Protection Act.
18 562.27(1) 3rd Possess still or still apparatus.
19 713.69 3rd Tenant removes property upon
20 which lien has accrued, value
21 more than $50.
22 812.014(3)(c) 3rd Petit theft (3rd conviction);
23 theft of any property not
24 specified in subsection (2).
25 812.081(2) 3rd Unlawfully makes or causes to be
26 made a reproduction of a trade
27 secret.
28 815.04(4)(a) 3rd Offense against intellectual
29 property (i.e., computer
30 programs, data).
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 817.52(2) 3rd Hiring with intent to defraud,
2 motor vehicle services.
3 826.01 3rd Bigamy.
4 828.122(3) 3rd Fighting or baiting animals.
5 831.04(1) 3rd Any erasure, alteration, etc., of
6 any replacement deed, map, plat,
7 or other document listed in s.
8 92.28.
9 831.31(1)(a) 3rd Sell, deliver, or possess
10 counterfeit controlled
11 substances, all but s. 893.03(5)
12 drugs.
13 832.041(1) 3rd Stopping payment with intent to
14 defraud $150 or more.
15 832.05
16 (2)(b)&(4)(c) 3rd Knowing, making, issuing
17 worthless checks $150 or more or
18 obtaining property in return for
19 worthless check $150 or more.
20 838.015(3) 3rd Bribery.
21 838.016(1) 3rd Public servant receiving unlawful
22 compensation.
23 838.15(2) 3rd Commercial bribe receiving.
24 838.16 3rd Commercial bribery.
25 843.18 3rd Fleeing by boat to elude a law
26 enforcement officer.
27 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
28 lewd, etc., material (2nd
29 conviction).
30 849.01 3rd Keeping gambling house.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
2 or assist therein, conduct or
3 advertise drawing for prizes, or
4 dispose of property or money by
5 means of lottery.
6 849.23 3rd Gambling-related machines;
7 "common offender" as to property
8 rights.
9 849.25(2) 3rd Engaging in bookmaking.
10 860.08 3rd Interfere with a railroad signal.
11 860.13(1)(a) 3rd Operate aircraft while under the
12 influence.
13 893.13(2)(a)2. 3rd Purchase of cannabis.
14 893.13(6)(a) 3rd Possession of cannabis (more than
15 20 grams).
16 893.13(7)(a)10. 3rd Affix false or forged label to
17 package of controlled substance.
18 934.03(1)(a) 3rd Intercepts, or procures any other
19 person to intercept, any wire or
20 oral communication.
21 (c) LEVEL 3
22 316.1935(2) 3rd Fleeing or attempting to elude
23 law enforcement officer in marked
24 patrol vehicle with siren and
25 lights activated.
26 319.30(4) 3rd Possession by junkyard of motor
27 vehicle with identification
28 number plate removed.
29 319.33(1)(a) 3rd Alter or forge any certificate of
30 title to a motor vehicle or
31 mobile home.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 319.33(1)(c) 3rd Procure or pass title on stolen
2 vehicle.
3 319.33(4) 3rd With intent to defraud, possess,
4 sell, etc., a blank, forged, or
5 unlawfully obtained title or
6 registration.
7 328.05(2) 3rd Possess, sell, or counterfeit
8 fictitious, stolen, or fraudulent
9 titles or bills of sale of
10 vessels.
11 328.07(4) 3rd Manufacture, exchange, or possess
12 vessel with counterfeit or wrong
13 ID number.
14 376.302(5) 3rd Fraud related to reimbursement
15 for cleanup expenses under the
16 Inland Protection Trust Fund.
17 501.001(2)(b) 2nd Tampers with a consumer product
18 or the container using materially
19 false/misleading information.
20 697.08 3rd Equity skimming.
21 790.15(3) 3rd Person directs another to
22 discharge firearm from a vehicle.
23 796.05(1) 3rd Live on earnings of a prostitute.
24 806.10(1) 3rd Maliciously injure, destroy, or
25 interfere with vehicles or
26 equipment used in firefighting.
27 806.10(2) 3rd Interferes with or assaults
28 firefighter in performance of
29 duty.
30
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 810.09(2)(c) 3rd Trespass on property other than
2 structure or conveyance armed
3 with firearm or dangerous weapon.
4 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
5 less than $10,000.
6 815.04(4)(b) 2nd Computer offense devised to
7 defraud or obtain property.
8 817.034(4)(a)3. 3rd Engages in scheme to defraud
9 (Florida Communications Fraud
10 Act), property valued at less
11 than $20,000.
12 817.233 3rd Burning to defraud insurer.
13 817.234(8)&(9) 3rd Unlawful solicitation of persons
14 involved in motor vehicle
15 accidents.
16 817.234(11)(a) 3rd Insurance fraud; property value
17 less than $20,000.
18 817.505(4) 3rd Patient brokering.
19 828.12(2) 3rd Tortures any animal with intent
20 to inflict intense pain, serious
21 physical injury, or death.
22 831.28(2)(a) 3rd Counterfeiting a payment
23 instrument with intent to defraud
24 or possessing a counterfeit
25 payment instrument.
26 831.29 2nd Possession of instruments for
27 counterfeiting drivers' licenses
28 or identification cards.
29 838.021(3)(b) 3rd Threatens unlawful harm to public
30 servant.
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 843.19 3rd Injure, disable, or kill police
2 dog or horse.
3 870.01(2) 3rd Riot; inciting or encouraging.
4 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
5 cannabis (or other s.
6 893.03(1)(c), (2)(c)1., (2)(c)2.,
7 (2)(c)3., (2)(c)5., (2)(c)6.,
8 (2)(c)7., (2)(c)8., (2)(c)9.,
9 (3), or (4) drugs).
10 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
11 893.03(1)(c), (2)(c)1., (2)(c)2.,
12 (2)(c)3., (2)(c)5., (2)(c)6.,
13 (2)(c)7., (2)(c)8., (2)(c)9.,
14 (3), or (4) drugs within 200 feet
15 of university or public park.
16 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
17 893.03(1)(c), (2)(c)1., (2)(c)2.,
18 (2)(c)3., (2)(c)5., (2)(c)6.,
19 (2)(c)7., (2)(c)8., (2)(c)9.,
20 (3), or (4) drugs within 200 feet
21 of public housing facility.
22 893.13(6)(a) 3rd Possession of any controlled
23 substance other than felony
24 possession of cannabis.
25 893.13(7)(a)8. 3rd Withhold information from
26 practitioner regarding previous
27 receipt of or prescription for a
28 controlled substance.
29 893.13(7)(a)9. 3rd Obtain or attempt to obtain
30 controlled substance by fraud,
31 forgery, misrepresentation, etc.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 893.13(7)(a)10. 3rd Affix false or forged label to
2 package of controlled substance.
3 893.13(7)(a)11. 3rd Furnish false or fraudulent
4 material information on any
5 document or record required by
6 chapter 893.
7 893.13(8)(a)1. 3rd Write a prescription for a
8 controlled substance for a
9 patient or other person for whom,
10 or an animal for which, the
11 practitioner knew or should have
12 known was excessive or
13 inappropriate to treat the
14 patient, other person, or animal.
15 893.13(8)(a)2. 3rd Knowingly assist a patient, other
16 person, or owner of an animal in
17 obtaining a controlled substance
18 through deceptive, untrue, or
19 fraudulent representations in or
20 related to the practitioner's
21 practice.
22 893.13(8)(a)3. 3rd Employ a trick or scheme in the
23 practitioner's practice to assist
24 a patient, other person, or owner
25 of an animal in obtaining a
26 controlled substance.
27 893.13(8)(a)4. 3rd Knowingly write a prescription
28 for a controlled substance for a
29 fictitious person.
30
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 893.13(8)(a)5. 3rd Write a prescription for a
2 controlled substance for a
3 patient, other person, or an
4 animal if the sole purpose of
5 writing the prescription is a
6 monetary benefit for the
7 practitioner.
8 918.13(1)(a) 3rd Alter, destroy, or conceal
9 investigation evidence.
10 944.47
11 (1)(a)1.-2. 3rd Introduce contraband to
12 correctional facility.
13 944.47(1)(c) 2nd Possess contraband while upon the
14 grounds of a correctional
15 institution.
16 985.3141 3rd Escapes from a juvenile facility
17 (secure detention or residential
18 commitment facility).
19 Section 4. This act shall take effect July 1, 2002.
20
21
22
23
24
25
26
27
28
29
30
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 640
16-518A-02
1 *****************************************
2 SENATE SUMMARY
3 Provides that a representative of the Department of
Health may appear in a criminal proceeding against a
4 health care professional licensed by the department in
order to furnish information, make recommendations, or
5 provide assistance. Authorizes the court to require that
a representative of the department appear if the criminal
6 proceeding relates to the qualifications, functions, or
duties of the health care professional. Increases the
7 penalty imposed for withholding information from a
practitioner concerning a controlled substance from a
8 first-degree misdemeanor to a third-degree felony.
Provides that it is a third-degree felony for a health
9 care practitioner to prescribe a controlled substance
that is excessive or inappropriate, assist a person in
10 obtaining a controlled substance through fraud or scheme,
prescribe a controlled substance for a fictitious person,
11 or prescribe a controlled substance for purposes of
monetary benefit. Provides that any such offense is a
12 second-degree felony if the practitioner received $1,000
or more in payment or if the quantity of the controlled
13 substance prescribed meets the threshold for the offense
of trafficking. (See bill for details.)
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.