Senate Bill sb0214c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 214

    By the Committee on Criminal Justice; and Senators Crist and
    Fasano




    307-2050-04

  1                      A bill to be entitled

  2         An act relating to prescription drugs; amending

  3         s. 499.005, F.S.; prohibiting the use or

  4         attempted use of a false or stolen driver's

  5         license or identification card to obtain a

  6         prescription drug from a pharmacist or a

  7         dispensing practitioner; amending s. 499.0691,

  8         F.S.; providing a penalty; reenacting s.

  9         895.02(1)(a), F.S., relating to RICO

10         definitions, to incorporate the amendment to s.

11         499.0691, F.S., in a reference thereto;

12         providing an effective date.

13  

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

15  

16         Section 1.  Subsection (30) is added to section

17  499.005, Florida Statutes, to read:

18         499.005  Prohibited acts.--It is unlawful for a person

19  to perform or cause the performance of any of the following

20  acts in this state: 

21         (30)  Knowingly use or knowingly attempt to use a

22  forged, stolen, fictitious, counterfeit, or unlawfully issued

23  driver's license or identification card to obtain a

24  prescription drug from a pharmacy, as defined in s. 465.003,

25  or a dispensing practitioner authorized to dispense medicinal

26  drugs pursuant to s. 465.0276.

27         Section 2.  Subsection (2) of section 499.0691, Florida

28  Statutes, is amended to read:

29         499.0691  Criminal punishment for violations related to

30  drugs; dissemination of false advertisement.--

31  

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    Florida Senate - 2004                            CS for SB 214
    307-2050-04




 1         (2)  Any person who violates any of the following

 2  provisions commits a felony of the third degree, punishable as

 3  provided in s. 775.082, s. 775.083, or s. 775.084, or as

 4  otherwise provided in ss. 499.001-499.081.

 5         (a)  The refusal or constructive refusal to allow:

 6         1.  The department to enter or inspect an establishment

 7  in which drugs are manufactured, processed, repackaged, sold,

 8  brokered, or held;

 9         2.  Inspection of any record of that establishment;

10         3.  The department to enter and inspect any vehicle

11  that is being used to transport drugs; or

12         4.  The department to take samples of any drug.

13         (b)  The sale, purchase, or trade, or the offer to

14  sell, purchase, or trade, a drug sample as defined in s.

15  499.028; the distribution of a drug sample in violation of s.

16  499.028; or the failure to otherwise comply with s. 499.028.

17         (c)  Providing the department with false or fraudulent

18  records, or making false or fraudulent statements, regarding

19  any matter within the provisions of this chapter related to a

20  drug.

21         (d)  The failure to receive, maintain, or provide

22  invoices and shipping documents, other than pedigree papers,

23  if applicable, related to the distribution of a legend drug.

24         (e)  The importation of a legend drug for wholesale

25  distribution, except as provided by s. 801(d) of the Federal

26  Food, Drug, and Cosmetic Act.

27         (f)  The wholesale distribution of any prescription

28  drug that was:

29         1.  Purchased by a public or private hospital or other

30  health care entity; or

31  

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    Florida Senate - 2004                            CS for SB 214
    307-2050-04




 1         2.  Donated or supplied at a reduced price to a

 2  charitable organization.

 3         (g)  The failure to obtain a permit as a prescription

 4  drug wholesaler when a permit is required by ss.

 5  499.001-499.081 for that activity.

 6         (h)  Knowingly possessing any adulterated or misbranded

 7  legend drug outside of a designated quarantine area.

 8         (i)  The purchase or sale of prescription drugs for

 9  wholesale distribution in exchange for currency, as defined in

10  s. 560.103(6).

11         (j)  Knowingly using or knowingly attempting to use a

12  forged, stolen, fictitious, counterfeit, or unlawfully issued

13  driver's license or identification card to obtain a

14  prescription drug from a pharmacy, as defined in s. 465.003,

15  or a dispensing practitioner authorized to dispense medicinal

16  drugs pursuant to s. 465.0276.

17         Section 3.  For the purpose of incorporating the

18  amendment made by this act to section 499.0691, Florida

19  Statutes, in a reference thereto, paragraph (a) of subsection

20  (1) of section 895.02, Florida Statutes, is reenacted to read:

21         895.02  Definitions.--As used in ss. 895.01-895.08, the

22  term:

23         (1)  "Racketeering activity" means to commit, to

24  attempt to commit, to conspire to commit, or to solicit,

25  coerce, or intimidate another person to commit:

26         (a)  Any crime which is chargeable by indictment or

27  information under the following provisions of the Florida

28  Statutes:

29         1.  Section 210.18, relating to evasion of payment of

30  cigarette taxes.

31  

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    Florida Senate - 2004                            CS for SB 214
    307-2050-04




 1         2.  Section 403.727(3)(b), relating to environmental

 2  control.

 3         3.  Section 414.39, relating to public assistance

 4  fraud.

 5         4.  Section 409.920, relating to Medicaid provider

 6  fraud.

 7         5.  Section 440.105 or s. 440.106, relating to workers'

 8  compensation.

 9         6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

10  and 499.0691, relating to crimes involving contraband and

11  adulterated drugs.

12         7.  Part IV of chapter 501, relating to telemarketing.

13         8.  Chapter 517, relating to sale of securities and

14  investor protection.

15         9.  Section 550.235, s. 550.3551, or s. 550.3605,

16  relating to dogracing and horseracing.

17         10.  Chapter 550, relating to jai alai frontons.

18         11.  Chapter 552, relating to the manufacture,

19  distribution, and use of explosives.

20         12.  Chapter 560, relating to money transmitters, if

21  the violation is punishable as a felony.

22         13.  Chapter 562, relating to beverage law enforcement.

23         14.  Section 624.401, relating to transacting insurance

24  without a certificate of authority, s. 624.437(4)(c)1.,

25  relating to operating an unauthorized multiple-employer

26  welfare arrangement, or s. 626.902(1)(b), relating to

27  representing or aiding an unauthorized insurer.

28         15.  Section 655.50, relating to reports of currency

29  transactions, when such violation is punishable as a felony.

30         16.  Chapter 687, relating to interest and usurious

31  practices.

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    Florida Senate - 2004                            CS for SB 214
    307-2050-04




 1         17.  Section 721.08, s. 721.09, or s. 721.13, relating

 2  to real estate timeshare plans.

 3         18.  Chapter 782, relating to homicide.

 4         19.  Chapter 784, relating to assault and battery.

 5         20.  Chapter 787, relating to kidnapping.

 6         21.  Chapter 790, relating to weapons and firearms.

 7         22.  Section 796.03, s. 796.04, s.  796.05, or s.

 8  796.07, relating to prostitution.

 9         23.  Chapter 806, relating to arson.

10         24.  Section 810.02(2)(c), relating to specified

11  burglary of a dwelling or structure.

12         25.  Chapter 812, relating to theft, robbery, and

13  related crimes.

14         26.  Chapter 815, relating to computer-related crimes.

15         27.  Chapter 817, relating to fraudulent practices,

16  false pretenses, fraud generally, and credit card crimes.

17         28.  Chapter 825, relating to abuse, neglect, or

18  exploitation of an elderly person or disabled adult.

19         29.  Section 827.071, relating to commercial sexual

20  exploitation of children.

21         30.  Chapter 831, relating to forgery and

22  counterfeiting.

23         31.  Chapter 832, relating to issuance of worthless

24  checks and drafts.

25         32.  Section 836.05, relating to extortion.

26         33.  Chapter 837, relating to perjury.

27         34.  Chapter 838, relating to bribery and misuse of

28  public office.

29         35.  Chapter 843, relating to obstruction of justice.

30  

31  

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    Florida Senate - 2004                            CS for SB 214
    307-2050-04




 1         36.  Section 847.011, s. 847.012, s. 847.013, s.

 2  847.06, or s. 847.07, relating to obscene literature and

 3  profanity.

 4         37.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

 5  or s. 849.25, relating to gambling.

 6         38.  Chapter 874, relating to criminal street gangs.

 7         39.  Chapter 893, relating to drug abuse prevention and

 8  control.

 9         40.  Chapter 896, relating to offenses related to

10  financial transactions.

11         41.  Sections 914.22 and 914.23, relating to tampering

12  with a witness, victim, or informant, and retaliation against

13  a witness, victim, or informant.

14         42.  Sections 918.12 and 918.13, relating to tampering

15  with jurors and evidence.

16         Section 4.  This act shall take effect July 1, 2004.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 214

20                                 

21  Provides that it is a third degree felony for a person to
    knowingly use or knowingly attempt to use a forged, stolen,
22  fictitious, counterfeit, or unlawfully issued driver's license
    or identification card to obtain a prescription drug from a
23  pharmacy or dispensing practitioner.

24  

25  

26  

27  

28  

29  

30  

31  

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