House Bill hb0803
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Florida House of Representatives - 2002 HB 803
By Representative Crow
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; amending s. 921.187,
29 F.S.; correcting cross references; providing an
30 effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 456.075, Florida Statutes, is
4 created to read:
5 456.075 In any criminal proceeding against a person
6 licensed by the department to practice a health care
7 profession in this state, a representative of the department
8 may voluntarily appear and furnish pertinent information, make
9 recommendations regarding specific conditions of probation, or
10 provide any other assistance necessary to promote justice or
11 protect the public. The court may order a representative of
12 the department to appear in any criminal proceeding if the
13 crime charged is substantially related to the qualifications,
14 functions, or duties of a health care professional licensed by
15 the department.
16 Section 2. Subsection (7) of section 893.13, Florida
17 Statutes, is amended, present subsections (8), (9), and (10)
18 of said section are amended and renumbered as subsections (9),
19 (10), and (11), respectively, and a new subsection (8) is
20 added to said section, to read:
21 893.13 Prohibited acts; penalties.--
22 (7)(a) It is unlawful for any person:
23 1. To distribute or dispense a controlled substance in
24 violation of this chapter.
25 2. To refuse or fail to make, keep, or furnish any
26 record, notification, order form, statement, invoice, or
27 information required under this chapter.
28 3. To refuse an entry into any premises for any
29 inspection or to refuse to allow any inspection authorized by
30 this chapter.
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1 4. To distribute a controlled substance named or
2 described in s. 893.03(1) or (2) except pursuant to an order
3 form as required by s. 893.06.
4 5. To keep or maintain any store, shop, warehouse,
5 dwelling, building, vehicle, boat, aircraft, or other
6 structure or place which is resorted to by persons using
7 controlled substances in violation of this chapter for the
8 purpose of using these substances, or which is used for
9 keeping or selling them in violation of this chapter.
10 6. To use to his or her own personal advantage, or to
11 reveal, any information obtained in enforcement of this
12 chapter except in a prosecution or administrative hearing for
13 a violation of this chapter.
14 7. To withhold information from a practitioner from
15 whom the person seeks to obtain a controlled substance or a
16 prescription for a controlled substance that the person has
17 received a controlled substance or a prescription for a
18 controlled substance of like therapeutic use from another
19 practitioner within the last 30 days.
20 7.8. To possess a prescription form which has not been
21 completed and signed by the practitioner whose name appears
22 printed thereon, unless the person is that practitioner, is an
23 agent or employee of that practitioner, is a pharmacist, or is
24 a supplier of prescription forms who is authorized by that
25 practitioner to possess those forms.
26 8. To withhold information from a practitioner from
27 whom the person seeks to obtain a controlled substance or a
28 prescription for a controlled substance that the person making
29 the request has received a controlled substance or a
30 prescription for a controlled substance of like therapeutic
31 use from another practitioner within the previous 30 days.
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1 9. To acquire or obtain, or attempt to acquire or
2 obtain, possession of a controlled substance by
3 misrepresentation, fraud, forgery, deception, or subterfuge.
4 10. To affix any false or forged label to a package or
5 receptacle containing a controlled substance.
6 11. To furnish false or fraudulent material
7 information in, or omit any material information from, any
8 report or other document required to be kept or filed under
9 this chapter or any record required to be kept by this
10 chapter.
11 (b) Any person who violates the provisions of
12 subparagraphs (a)1.-7. (a)1.-8. commits a misdemeanor of the
13 first degree, punishable as provided in s. 775.082 or s.
14 775.083; except that, upon a second or subsequent violation,
15 the person commits a felony of the third degree, punishable as
16 provided in s. 775.082, s. 775.083, or s. 775.084.
17 (c) Any person who violates the provisions of
18 subparagraphs (a)8.-11. (a)9.-11. commits a felony of the
19 third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (8)(a) Notwithstanding subsection (9), a prescribing
22 practitioner may not:
23 1. Write a prescription or multiple prescriptions for
24 a controlled substance for a patient or other person for whom,
25 or an animal for which, the prescribing practitioner knew, or
26 should have known, was excessive or inappropriate to treat the
27 patient, other person, or animal because of the quantity or
28 quantities prescribed or the number of prescriptions written;
29 2. Knowingly assist a patient, other person, or the
30 owner of an animal in obtaining a controlled substance through
31 deceptive, untrue, or fraudulent representations in or related
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1 to the practice of the prescribing practitioner's professional
2 practice;
3 3. Employ a trick or scheme in the practice of the
4 prescribing practitioner's professional practice to assist a
5 patient, other person, or the owner of an animal in obtaining
6 a controlled substance;
7 4. Knowingly write a prescription for a controlled
8 substance for a fictitious person; or
9 5. Write a prescription for a controlled substance for
10 a patient, other person, or an animal if the sole purpose of
11 writing such prescription is to provide a monetary benefit to,
12 or obtain a monetary benefit for, the prescribing
13 practitioner.
14 (b) A person who violates paragraph (a) commits a
15 felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 (c) Notwithstanding paragraph (b), if a prescribing
18 practitioner has violated paragraph (a) and received $1,000 or
19 more in payment for writing one or more prescriptions or, in
20 the case of a prescription written for a controlled substance
21 described in s. 893.135, has written one or more prescriptions
22 for a quantity of a controlled substance which, individually
23 or in the aggregate, meets the threshold for the offense of
24 trafficking in a controlled substance under s. 893.15, the
25 violation is reclassified as a felony of the second degree and
26 ranked in level 4 of the Criminal Punishment Code.
27 (9)(8) The provisions of subsections (1)-(8) (1)-(7)
28 are not applicable to the delivery to, or actual or
29 constructive possession for medical or scientific use or
30 purpose only of controlled substances by, persons included in
31 any of the following classes, or the agents or employees of
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1 such persons, for use in the usual course of their business or
2 profession or in the performance of their official duties:
3 (a) Pharmacists.
4 (b) Practitioners.
5 (c) Persons who procure controlled substances in good
6 faith and in the course of professional practice only, by or
7 under the supervision of pharmacists or practitioners employed
8 by them, or for the purpose of lawful research, teaching, or
9 testing, and not for resale.
10 (d) Hospitals that procure controlled substances for
11 lawful administration by practitioners, but only for use by or
12 in the particular hospital.
13 (e) Officers or employees of state, federal, or local
14 governments acting in their official capacity only, or
15 informers acting under their jurisdiction.
16 (f) Common carriers.
17 (g) Manufacturers, wholesalers, and distributors.
18 (h) Law enforcement officers for bona fide law
19 enforcement purposes in the course of an active criminal
20 investigation.
21 (10)(9) Notwithstanding any provision of the
22 sentencing guidelines or the Criminal Punishment Code to the
23 contrary, on or after October 1, 1993, any defendant who:
24 (a) Violates subparagraph (1)(a)1., subparagraph
25 (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or
26 paragraph (5)(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)1., subparagraph (1)(c)2.,
30 subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph
31 (5)(a),
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1
2 may be required by the court to successfully complete a term
3 of probation pursuant to the terms and conditions set forth in
4 s. 948.034(1), in lieu of serving a term of imprisonment.
5 (11)(10) Notwithstanding any provision of the
6 sentencing guidelines or the Criminal Punishment Code to the
7 contrary, on or after January 1, 1994, any defendant who:
8 (a) Violates subparagraph (1)(a)2., subparagraph
9 (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and
10 (b) Has not previously been convicted, regardless of
11 whether adjudication was withheld, of any felony, other than a
12 violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,
13 paragraph (5)(b), or paragraph (6)(a),
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15 may be required by the court to successfully complete a term
16 of probation pursuant to the terms and conditions set forth in
17 s. 948.034(2), in lieu of serving a term of imprisonment.
18 Section 3. Paragraphs (a) and (c) of subsection (3) of
19 section 921.0022, Florida Statutes, are amended to read:
20 921.0022 Criminal Punishment Code; offense severity
21 ranking chart.--
22 (3) OFFENSE SEVERITY RANKING CHART
23
24 Florida Felony
25 Statute Degree Description
26
27 (a) LEVEL 1
28 24.118(3)(a) 3rd Counterfeit or altered state
29 lottery ticket.
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1 212.054(2)(b) 3rd Discretionary sales surtax;
2 limitations, administration, and
3 collection.
4 212.15(2)(b) 3rd Failure to remit sales taxes,
5 amount greater than $300 but less
6 than $20,000.
7 319.30(5) 3rd Sell, exchange, give away
8 certificate of title or
9 identification number plate.
10 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
11 odometer.
12 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
13 registration license plates or
14 validation stickers.
15 322.212(1) 3rd Possession of forged, stolen,
16 counterfeit, or unlawfully issued
17 driver's license; possession of
18 simulated identification.
19 322.212(4) 3rd Supply or aid in supplying
20 unauthorized driver's license or
21 identification card.
22 322.212(5)(a) 3rd False application for driver's
23 license or identification card.
24 370.13(3)(a) 3rd Molest any stone crab trap, line,
25 or buoy which is property of
26 licenseholder.
27 370.135(1) 3rd Molest any blue crab trap, line,
28 or buoy which is property of
29 licenseholder.
30 372.663(1) 3rd Poach any alligator or
31 crocodilia.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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. Paragraph (b) of subsection (1) of section
20 921.187, Florida Statutes, is amended to read:
21 921.187 Disposition and sentencing; alternatives;
22 restitution.--
23 (1) The alternatives provided in this section for the
24 disposition of criminal cases shall be used in a manner that
25 will best serve the needs of society, punish criminal
26 offenders, and provide the opportunity for rehabilitation.
27 (b)1. Notwithstanding any provision of former s.
28 921.001 or s. 921.002 to the contrary, on or after October 1,
29 1993, the court may require any defendant who violates s.
30 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and
31 meets the criteria described in s. 893.13(10)(9), to
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1 successfully complete a term of probation pursuant to the
2 terms and conditions set forth in s. 948.034(1), in lieu of
3 serving a term of imprisonment.
4 2. Notwithstanding any provision of former s. 921.001
5 or s. 921.002 to the contrary, on or after October 1, 1993,
6 the court may require any defendant who violates s.
7 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a), and meets the
8 criteria described in s. 893.13(11)(10), to successfully
9 complete a term of probation pursuant to the terms and
10 conditions set forth in s. 948.034(2), in lieu of serving a
11 term of imprisonment.
12 Section 5. This act shall take effect July 1, 2002.
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15 LEGISLATIVE SUMMARY
16
Provides that a representative of the Department of
17 Health may appear in a criminal proceeding against a
health care professional licensed by the department in
18 order to furnish information, make recommendations, or
provide assistance. Authorizes the court to require that
19 a representative of the department appear if the criminal
proceeding relates to the qualifications, functions, or
20 duties of the health care professional. Increases the
penalty imposed for withholding information from a
21 practitioner concerning a controlled substance from a
first-degree misdemeanor to a third-degree felony.
22 Provides that it is a third-degree felony for a health
care practitioner to prescribe a controlled substance
23 that is excessive or inappropriate, assist a person in
obtaining a controlled substance through fraud or scheme,
24 prescribe a controlled substance for a fictitious person,
or prescribe a controlled substance for purposes of
25 monetary benefit. Provides that any such offense is a
second-degree felony if the practitioner received $1,000
26 or more in payment or if the quantity of the controlled
substance prescribed meets the threshold for the offense
27 of trafficking. See bill for details.
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