CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 The Committee on Crime Prevention, Corrections & Safety
12 offered the following:
13
14 Amendment (with title amendment)
15 Remove everything after the enacting clause
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17 and insert:
18 Section 1. Section 456.075, Florida Statutes, is
19 created to read:
20 456.075 In any criminal proceeding against a person
21 licensed by the department to practice a health care
22 profession in this state, a representative of the department
23 may voluntarily appear and furnish pertinent information, make
24 recommendations regarding specific conditions of probation, or
25 provide any other assistance necessary to promote justice or
26 protect the public. The court may order a representative of
27 the department to appear in any criminal proceeding if the
28 crime charged is substantially related to the qualifications,
29 functions, or duties of a health care professional licensed by
30 the department.
31 Section 2. Subsection (7) of section 893.13, Florida
1
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 Statutes, is amended, and present subsections (8), (9), and
2 (10) of that section are amended and redesignated as
3 subsections (9), (10), and (11), respectively, and a new
4 subsection (8) is added to that section, to read:
5 893.13 Prohibited acts; penalties.--
6 (7)(a) It is unlawful for any person:
7 1. To distribute or dispense a controlled substance in
8 violation of this chapter.
9 2. To refuse or fail to make, keep, or furnish any
10 record, notification, order form, statement, invoice, or
11 information required under this chapter.
12 3. To refuse an entry into any premises for any
13 inspection or to refuse to allow any inspection authorized by
14 this chapter.
15 4. To distribute a controlled substance named or
16 described in s. 893.03(1) or (2) except pursuant to an order
17 form as required by s. 893.06.
18 5. To keep or maintain any store, shop, warehouse,
19 dwelling, building, vehicle, boat, aircraft, or other
20 structure or place which is resorted to by persons using
21 controlled substances in violation of this chapter for the
22 purpose of using these substances, or which is used for
23 keeping or selling them in violation of this chapter.
24 6. To use to his or her own personal advantage, or to
25 reveal, any information obtained in enforcement of this
26 chapter except in a prosecution or administrative hearing for
27 a violation of this chapter.
28 7. To withhold information from a practitioner from
29 whom the person seeks to obtain a controlled substance or a
30 prescription for a controlled substance that the person has
31 received a controlled substance or a prescription for a
2
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 controlled substance of like therapeutic use from another
2 practitioner within the last 30 days.
3 7.8. To possess a prescription form which has not been
4 completed and signed by the practitioner whose name appears
5 printed thereon, unless the person is that practitioner, is an
6 agent or employee of that practitioner, is a pharmacist, or is
7 a supplier of prescription forms who is authorized by that
8 practitioner to possess those forms.
9 8. To withhold information from a practitioner from
10 whom the person seeks to obtain a controlled substance or a
11 prescription for a controlled substance that the person making
12 the request has received a controlled substance or a
13 prescription for a controlled substance of like therapeutic
14 use from another practitioner within the previous 30 days.
15 9. To acquire or obtain, or attempt to acquire or
16 obtain, possession of a controlled substance by
17 misrepresentation, fraud, forgery, deception, or subterfuge.
18 10. To affix any false or forged label to a package or
19 receptacle containing a controlled substance.
20 11. To furnish false or fraudulent material
21 information in, or omit any material information from, any
22 report or other document required to be kept or filed under
23 this chapter or any record required to be kept by this
24 chapter.
25 (b) Any person who violates the provisions of
26 subparagraphs (a)1.-7. (a)1.-8. commits a misdemeanor of the
27 first degree, punishable as provided in s. 775.082 or s.
28 775.083; except that, upon a second or subsequent violation,
29 the person commits a felony of the third degree, punishable as
30 provided in s. 775.082, s. 775.083, or s. 775.084.
31 (c) Any person who violates the provisions of
3
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 subparagraphs (a)8.-11. (a)9.-11. commits a felony of the
2 third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (8)(a) Notwithstanding subsection (9), a prescribing
5 practitioner may not:
6 1. Knowingly assist a patient, other person, or the
7 owner of an animal in obtaining a controlled substance through
8 deceptive, untrue, or fraudulent representations in or related
9 to the practice of the prescribing practitioner's professional
10 practice;
11 2. Employ a trick or scheme in the practice of the
12 prescribing practitioner's professional practice to assist a
13 patient, other person, or the owner of an animal in obtaining
14 a controlled substance;
15 3. Knowingly write a prescription for a controlled
16 substance for a fictitious person; or
17 4. Write a prescription for a controlled substance for
18 a patient, other person, or an animal if the sole purpose of
19 writing such prescription is to provide a monetary benefit to,
20 or obtain a monetary benefit for, the prescribing
21 practitioner.
22 (b) A permissive inference is created that a
23 prescribing practitioner knowingly assisted a patient, other
24 person, or the owner of an animal to obtain a controlled
25 substance in violation of subparagraph (a)1., if the
26 prescribing practitioner wrote a prescription or multiple
27 prescriptions for a controlled substance for the patient,
28 other person, or animal for which there was no medical
29 necessity, or that was in excess of what was medically
30 necessary to treat the patient, other person, or animal.
31 (c) A person who violates paragraph (a) commits a
4
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 (d) Notwithstanding paragraph (c), if a prescribing
4 practitioner has violated paragraph (a) and received $1,000 or
5 more in payment for writing one or more prescriptions or, in
6 the case of a prescription written for a controlled substance
7 described in s. 893.135, has written one or more prescriptions
8 for a quantity of a controlled substance which, individually
9 or in the aggregate, meets the threshold for the offense of
10 trafficking in a controlled substance under s. 893.15, the
11 violation is reclassified as a felony of the second degree and
12 ranked in level 4 of the Criminal Punishment Code.
13 (9)(8) The provisions of subsections (1)-(8) (1)-(7)
14 are not applicable to the delivery to, or actual or
15 constructive possession for medical or scientific use or
16 purpose only of controlled substances by, persons included in
17 any of the following classes, or the agents or employees of
18 such persons, for use in the usual course of their business or
19 profession or in the performance of their official duties:
20 (a) Pharmacists.
21 (b) Practitioners.
22 (c) Persons who procure controlled substances in good
23 faith and in the course of professional practice only, by or
24 under the supervision of pharmacists or practitioners employed
25 by them, or for the purpose of lawful research, teaching, or
26 testing, and not for resale.
27 (d) Hospitals that procure controlled substances for
28 lawful administration by practitioners, but only for use by or
29 in the particular hospital.
30 (e) Officers or employees of state, federal, or local
31 governments acting in their official capacity only, or
5
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 informers acting under their jurisdiction.
2 (f) Common carriers.
3 (g) Manufacturers, wholesalers, and distributors.
4 (h) Law enforcement officers for bona fide law
5 enforcement purposes in the course of an active criminal
6 investigation.
7 (10)(9) Notwithstanding any provision of the
8 sentencing guidelines or the Criminal Punishment Code to the
9 contrary, on or after October 1, 1993, any defendant who:
10 (a) Violates subparagraph (1)(a)1., subparagraph
11 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
12 paragraph (5)(a); and
13 (b) Has not previously been convicted, regardless of
14 whether adjudication was withheld, of any felony, other than a
15 violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,
16 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
17 (5)(a),
18
19 may be required by the court to successfully complete a term
20 of probation pursuant to the terms and conditions set forth in
21 s. 948.034(1), in lieu of serving a term of imprisonment.
22 (11)(10) Notwithstanding any provision of the
23 sentencing guidelines or the Criminal Punishment Code to the
24 contrary, on or after January 1, 1994, any defendant who:
25 (a) Violates subparagraph (1)(a)2., subparagraph
26 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
27 (b) Has not previously been convicted, regardless of
28 whether adjudication was withheld, of any felony, other than a
29 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
30 paragraph (5)(b), or paragraph (6)(a),
31
6
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
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(2), in lieu of serving a term of imprisonment.
4 Section 3. Paragraphs (a) and (c) of subsection (3) of
5 section 921.0022, Florida Statutes, as amended by section 2 of
6 chapter 2001-358, Laws of Florida, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14 (a) LEVEL 1
15 24.118(3)(a) 3rd Counterfeit or altered state
16 lottery ticket.
17 212.054(2)(b) 3rd Discretionary sales surtax;
18 limitations, administration, and
19 collection.
20 212.15(2)(b) 3rd Failure to remit sales taxes,
21 amount greater than $300 but less
22 than $20,000.
23 319.30(5) 3rd Sell, exchange, give away
24 certificate of title or
25 identification number plate.
26 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
27 odometer.
28 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
29 registration license plates or
30 validation stickers.
31
7
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 322.212(1) 3rd Possession of forged, stolen,
2 counterfeit, or unlawfully issued
3 driver's license; possession of
4 simulated identification.
5 322.212(4) 3rd Supply or aid in supplying
6 unauthorized driver's license or
7 identification card.
8 322.212(5)(a) 3rd False application for driver's
9 license or identification card.
10 370.13(3)(a) 3rd Molest any stone crab trap, line,
11 or buoy which is property of
12 licenseholder.
13 370.135(1) 3rd Molest any blue crab trap, line,
14 or buoy which is property of
15 licenseholder.
16 372.663(1) 3rd Poach any alligator or
17 crocodilia.
18 414.39(2) 3rd Unauthorized use, possession,
19 forgery, or alteration of food
20 stamps, Medicaid ID, value
21 greater than $200.
22 414.39(3)(a) 3rd Fraudulent misappropriation of
23 public assistance funds by
24 employee/official, value more
25 than $200.
26 443.071(1) 3rd False statement or representation
27 to obtain or increase
28 unemployment compensation
29 benefits.
30 509.151(1) 3rd Defraud an innkeeper, food or
31 lodging value greater than $300.
8
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 517.302(1) 3rd Violation of the Florida
2 Securities and Investor
3 Protection Act.
4 562.27(1) 3rd Possess still or still apparatus.
5 713.69 3rd Tenant removes property upon
6 which lien has accrued, value
7 more than $50.
8 812.014(3)(c) 3rd Petit theft (3rd conviction);
9 theft of any property not
10 specified in subsection (2).
11 812.081(2) 3rd Unlawfully makes or causes to be
12 made a reproduction of a trade
13 secret.
14 815.04(4)(a) 3rd Offense against intellectual
15 property (i.e., computer
16 programs, data).
17 817.52(2) 3rd Hiring with intent to defraud,
18 motor vehicle services.
19 826.01 3rd Bigamy.
20 828.122(3) 3rd Fighting or baiting animals.
21 831.04(1) 3rd Any erasure, alteration, etc., of
22 any replacement deed, map, plat,
23 or other document listed in s.
24 92.28.
25 831.31(1)(a) 3rd Sell, deliver, or possess
26 counterfeit controlled
27 substances, all but s. 893.03(5)
28 drugs.
29 832.041(1) 3rd Stopping payment with intent to
30 defraud $150 or more.
31
9
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 832.05
2 (2)(b)&(4)(c) 3rd Knowing, making, issuing
3 worthless checks $150 or more or
4 obtaining property in return for
5 worthless check $150 or more.
6 838.015(3) 3rd Bribery.
7 838.016(1) 3rd Public servant receiving unlawful
8 compensation.
9 838.15(2) 3rd Commercial bribe receiving.
10 838.16 3rd Commercial bribery.
11 843.18 3rd Fleeing by boat to elude a law
12 enforcement officer.
13 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
14 lewd, etc., material (2nd
15 conviction).
16 849.01 3rd Keeping gambling house.
17 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
18 or assist therein, conduct or
19 advertise drawing for prizes, or
20 dispose of property or money by
21 means of lottery.
22 849.23 3rd Gambling-related machines;
23 "common offender" as to property
24 rights.
25 849.25(2) 3rd Engaging in bookmaking.
26 860.08 3rd Interfere with a railroad signal.
27 860.13(1)(a) 3rd Operate aircraft while under the
28 influence.
29 893.13(2)(a)2. 3rd Purchase of cannabis.
30 893.13(6)(a) 3rd Possession of cannabis (more than
31 20 grams).
10
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 893.13(7)(a)10. 3rd Affix false or forged label to
2 package of controlled substance.
3 934.03(1)(a) 3rd Intercepts, or procures any other
4 person to intercept, any wire or
5 oral communication.
6 (c) LEVEL 3
7 316.1935(2) 3rd Fleeing or attempting to elude
8 law enforcement officer in marked
9 patrol vehicle with siren and
10 lights activated.
11 319.30(4) 3rd Possession by junkyard of motor
12 vehicle with identification
13 number plate removed.
14 319.33(1)(a) 3rd Alter or forge any certificate of
15 title to a motor vehicle or
16 mobile home.
17 319.33(1)(c) 3rd Procure or pass title on stolen
18 vehicle.
19 319.33(4) 3rd With intent to defraud, possess,
20 sell, etc., a blank, forged, or
21 unlawfully obtained title or
22 registration.
23 328.05(2) 3rd Possess, sell, or counterfeit
24 fictitious, stolen, or fraudulent
25 titles or bills of sale of
26 vessels.
27 328.07(4) 3rd Manufacture, exchange, or possess
28 vessel with counterfeit or wrong
29 ID number.
30 376.302(5) 3rd Fraud related to reimbursement
31 for cleanup expenses under the
11
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 Inland Protection Trust Fund.
2 501.001(2)(b) 2nd Tampers with a consumer product
3 or the container using materially
4 false/misleading information.
5 697.08 3rd Equity skimming.
6 790.15(3) 3rd Person directs another to
7 discharge firearm from a vehicle.
8 796.05(1) 3rd Live on earnings of a prostitute.
9 806.10(1) 3rd Maliciously injure, destroy, or
10 interfere with vehicles or
11 equipment used in firefighting.
12 806.10(2) 3rd Interferes with or assaults
13 firefighter in performance of
14 duty.
15 810.09(2)(c) 3rd Trespass on property other than
16 structure or conveyance armed
17 with firearm or dangerous weapon.
18 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
19 less than $10,000.
20 815.04(4)(b) 2nd Computer offense devised to
21 defraud or obtain property.
22 817.034(4)(a)3. 3rd Engages in scheme to defraud
23 (Florida Communications Fraud
24 Act), property valued at less
25 than $20,000.
26 817.233 3rd Burning to defraud insurer.
27 817.234(8)&(9) 3rd Unlawful solicitation of persons
28 involved in motor vehicle
29 accidents.
30 817.234(11)(a) 3rd Insurance fraud; property value
31 less than $20,000.
12
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 817.505(4) 3rd Patient brokering.
2 828.12(2) 3rd Tortures any animal with intent
3 to inflict intense pain, serious
4 physical injury, or death.
5 831.28(2)(a) 3rd Counterfeiting a payment
6 instrument with intent to defraud
7 or possessing a counterfeit
8 payment instrument.
9 831.29 2nd Possession of instruments for
10 counterfeiting drivers' licenses
11 or identification cards.
12 838.021(3)(b) 3rd Threatens unlawful harm to public
13 servant.
14 843.19 3rd Injure, disable, or kill police
15 dog or horse.
16 870.01(2) 3rd Riot; inciting or encouraging.
17 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
18 cannabis (or other s.
19 893.03(1)(c), (2)(c)1., (2)(c)2.,
20 (2)(c)3., (2)(c)5., (2)(c)6.,
21 (2)(c)7., (2)(c)8., (2)(c)9.,
22 (3), or (4) drugs).
23 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
24 893.03(1)(c), (2)(c)1., (2)(c)2.,
25 (2)(c)3., (2)(c)5., (2)(c)6.,
26 (2)(c)7., (2)(c)8., (2)(c)9.,
27 (3), or (4) drugs within 200 feet
28 of university or public park.
29 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
30 893.03(1)(c), (2)(c)1., (2)(c)2.,
31 (2)(c)3., (2)(c)5., (2)(c)6.,
13
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 (2)(c)7., (2)(c)8., (2)(c)9.,
2 (3), or (4) drugs within 200 feet
3 of public housing facility.
4 893.13(6)(a) 3rd Possession of any controlled
5 substance other than felony
6 possession of cannabis.
7 893.13(7)(a)8. 3rd Withhold information from
8 practitioner regarding previous
9 receipt of or prescription for a
10 controlled substance.
11 893.13(7)(a)9. 3rd Obtain or attempt to obtain
12 controlled substance by fraud,
13 forgery, misrepresentation, etc.
14 893.13(7)(a)10. 3rd Affix false or forged label to
15 package of controlled substance.
16 893.13(7)(a)11. 3rd Furnish false or fraudulent
17 material information on any
18 document or record required by
19 chapter 893.
20 893.13(8)(a)1. 3rd Knowingly assist a patient, other
21 person, or owner of an animal in
22 obtaining a controlled substance
23 through deceptive, untrue, or
24 fraudulent representations in or
25 related to the practitioner's
26 practice.
27 893.13(8)(a)2. 3rd Employ a trick or scheme in the
28 practitioner's practice to assist
29 a patient, other person, or owner
30 of an animal in obtaining a
31 controlled substance.
14
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 893.13(8)(a)3. 3rd Knowingly write a prescription
2 for a controlled substance for a
3 fictitious person.
4 893.13(8)(a)4. 3rd Write a prescription for a
5 controlled substance for a
6 patient, other person, or an
7 animal if the sole purpose of
8 writing the prescription is a
9 monetary benefit for the
10 practitioner.
11 918.13(1)(a) 3rd Alter, destroy, or conceal
12 investigation evidence.
13 944.47
14 (1)(a)1.-2. 3rd Introduce contraband to
15 correctional facility.
16 944.47(1)(c) 2nd Possess contraband while upon the
17 grounds of a correctional
18 institution.
19 985.3141 3rd Escapes from a juvenile facility
20 (secure detention or residential
21 commitment facility).
22 Section 4. Paragraph (b) of subsection (1) of section
23 921.187, Florida Statutes, is amended to read:
24 921.187 Disposition and sentencing; alternatives;
25 restitution.--
26 (1) The alternatives provided in this section for the
27 disposition of criminal cases shall be used in a manner that
28 will best serve the needs of society, punish criminal
29 offenders, and provide the opportunity for rehabilitation.
30 (b)1. Notwithstanding any provision of former s.
31 921.001 or s. 921.002 to the contrary, on or after October 1,
15
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 1993, the court may require any defendant who violates s.
2 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and
3 meets the criteria described in s. 893.13(10) s. 893.13(9), to
4 successfully complete a term of probation pursuant to the
5 terms and conditions set forth in s. 948.034(1), in lieu of
6 serving a term of imprisonment.
7 2. Notwithstanding any provision of former s. 921.001
8 or s. 921.002 to the contrary, on or after October 1, 1993,
9 the court may require any defendant who violates s.
10 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the
11 criteria described in s. 893.13(11) s. 893.13(10), to
12 successfully complete a term of probation pursuant to the
13 terms and conditions set forth in s. 948.034(2), in lieu of
14 serving a term of imprisonment.
15 Section 5. This act shall take effect July 1, 2002.
16
17
18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 On page 1, line 2,
21 remove: entire title
22
23 and insert:
24 An act relating to criminal offenses involving
25 health care practitioners; creating s. 456.075,
26 F.S.; authorizing a representative of the
27 Department of Health to appear in a criminal
28 proceeding against a health care professional
29 to furnish information, make recommendations,
30 or provide other assistance; providing that the
31 court may order the representative to appear in
16
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HOUSE AMENDMENT
Bill No. HB 803
Amendment No. 01 (for drafter's use only)
1 a criminal proceeding that relates to the
2 qualifications, functions, or duties of a
3 health care professional; amending s. 893.13,
4 F.S.; increasing the penalty imposed for
5 withholding information from a practitioner
6 concerning a controlled substance; prohibiting
7 a practitioner from knowingly assisting a
8 person in obtaining a controlled substance
9 through fraud or scheme, knowingly prescribing
10 a controlled substance for a fictitious person,
11 or prescribing a controlled substance for
12 purposes of monetary benefit; providing for a
13 permissive inference that a prescribing
14 practitioner knowingly assisted a person to
15 obtain a controlled substance through fraud;
16 providing penalties; amending s. 921.0022,
17 F.S., relating to the offense severity ranking
18 chart of the Criminal Punishment Code;
19 conforming provisions to changes made by the
20 act; amending s. 921.187, F.S.; conforming
21 cross-references; providing an effective date.
22
23
24
25
26
27
28
29
30
31
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