HB 1095

1	A bill to be entitled
2	An act relating to the abatement of drug paraphernalia;
3	creating the Drug Paraphernalia Abatement Task Force
4	within the Executive Office of the Governor; prescribing
5	task force membership; providing for meetings and duties
6	of the task force; providing that meetings and records of
7	the task force are subject to the public records
8	requirements of ch. 119, F.S.; providing for members of
9	the task force to be reimbursed for per diem and travel
10	expenses; requiring the Office of Drug Control within the
11	Executive Office of the Governor to provide staff support;
12	requiring reports; requiring cooperation by state
13	agencies; providing for abolishing the task force on a
14	specified date; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Drug Paraphernalia Abatement Task Force.--
19	(1)(a)  There is created within the Executive Office of the
20	Governor the Drug Paraphernalia Abatement Task Force for the
21	purpose of recommending strategies and actions for abating
22	access to and the use and proliferation of drug paraphernalia,
23	as that term is defined in s. 893.145, Florida Statutes.
24	(b)  The task force shall consist of the following 10
25	members:
26	1.  The Secretary of Business and Professional Regulation
27	or his or her designee.
28	2.  The director of the Office of Drug Control within the
29	Executive Office of the Governor.
30	3.  A member of the Senate, appointed by the President of
31	the Senate.
32	4.  A member of the House of Representatives, appointed by
33	the Speaker of the House of Representatives.
34	5.  A representative from a corporation that is licensed to
35	do business in this state and that sells any of the items
36	described in s. 893.145, Florida Statutes, that may be used as
37	drug paraphernalia.
38	6.  A local law enforcement official or officer.
39	7.  A member of a faith-based community.
40	8.  A superintendent of a school district or a principal of
41	a secondary school.
42	9.  A member of a community organization concerned about
43	issues relating to illicit activities involving controlled
44	substances, including access to and the use and proliferation of
45	drug paraphernalia.
46	10.  A former or recovering drug addict.
47	(c)  Members of the task force described in subparagraphs
48	(b)5.-10. shall be appointed by the Governor by July 1, 2005,
49	and shall be representative of the geographic regions and ethnic
50	and gender diversity of this state. The first meeting of the
51	task force shall be held by July 15, 2005, at which time the
52	members shall select by majority vote a chairperson from among
53	the task force members. All recommendations of the task force
54	shall be by majority vote.
55	(d)  The task force shall meet at the call of the
56	chairperson and shall conduct at least three public meetings,
57	which shall be held in localities throughout this state that
58	have a significant urban business district or have experienced
59	problems with illicit controlled-substance activity resulting,
60	in part, from access to and the use and proliferation of drug
61	paraphernalia.
62	(e)  Meetings of the task force shall be open to the public
63	and are subject to the requirements of chapter 119, Florida
64	Statutes. Records of the task force are public records and
65	subject to the requirements of chapter 119, Florida Statutes,
66	except to the extent that public access to any of those records
67	may be restricted pursuant to that chapter.
68	(f)  Members of the task force shall serve without
69	compensation, but are entitled to reimbursement for per diem and
70	travel expenses in accordance with s. 112.061, Florida Statutes.
71	(g)  The Office of Drug Control within the Executive Office
72	of the Governor shall provide staff support for the task force
73	within existing appropriations.
74	(2)(a)  The task force shall study and take testimony
75	regarding:
76	1.  The nature and extent of the problem of access to and
77	the use and proliferation of drug paraphernalia in this state,
78	including the extent to which the marketing, selling, or
79	purchasing of items that may be used as drug paraphernalia may
80	contribute to that problem.
81	2.  Businesses that sell items that may be used as drug
82	paraphernalia, including, but not limited to, consideration of:
83	a.  The types, ownership, organization, and operation of
84	those businesses.
85	b.  The regulation of those businesses and the state and
86	federal laws applicable to them.
87	c.  The marketing or selling of those items by those
88	businesses.
89	d.  The inventory and sale of those items relative to the
90	total inventory and total sales of those businesses.
91	e.  Measures taken by those businesses to restrict
92	purchases of those items by minors or otherwise restrict
93	purchases of those items.
94	f.  The clientele of those businesses.
95	g.  The prevalence of civil or criminal enforcement actions
96	taken against those businesses for violations of state or
97	federal rules or laws which are relevant to prohibited
98	activities involving drug paraphernalia.
99	h.  The location of those businesses relative to the
100	location of schools, churches or places of worship,
101	neighborhoods, and buildings, facilities, and areas where
102	children may regularly congregate.
103	i.  The opinions and concerns of local residents, community
104	and neighborhood activists and leaders, faith-based community
105	members and leaders, school personnel and students, businesses,
106	service providers, local law enforcement officials and officers,
107	and local government officials regarding those businesses.
108	j.  Local or community efforts to restrict or regulate
109	those businesses.
110	3.  Current rules and laws and current efforts by
111	regulatory agencies and law enforcement agencies to abate access
112	to and the use and proliferation of drug paraphernalia in this
113	state, including, but not limited to, consideration of whether
114	it is necessary to amend those rules or laws or propose new
115	rules or new legislation.
116	4.  Approaches to abate access to and the use and
117	proliferation of drug paraphernalia, including, but not limited
118	to:
119	a.  Conforming the rules or laws of this state to federal
120	rules or laws that are relevant to abating access to and the use
121	and proliferation of drug paraphernalia.
122	b.  Restricting the marketing, selling, or purchasing of
123	any item that may be used as drug paraphernalia and legal
124	concerns relevant to that restriction.
125	c.  Adopting provisions of rules or laws of other states
126	which are relevant to abating access to and the use and
127	proliferation of drug paraphernalia.
128	5.  Any other subject that is relevant to abating access to
129	and the use and proliferation of drug paraphernalia.
130	(b)  The task force shall submit a preliminary draft report
131	of its findings and recommendations to the Governor, the
132	President of the Senate, and the Speaker of the House of
133	Representatives at least 45 days before the first day of the
134	2006 Regular Session of the Legislature. The final report shall
135	be filed with the Governor, the President of the Senate, and the
136	Speaker of the House of Representatives at least 30 days before
137	the first day of the 2006 Regular Session. In addition to the
138	findings and recommendations included in the final report, the
139	report must include a draft of proposed rules and proposed
140	legislation for any recommendations requiring proposed rules and
141	proposed legislation.
142	(c)  Each state agency shall fully cooperate with the task
143	force in the performance of its duties.
144	(3)  All meetings of the task force and all business of the
145	task force for which reimbursement may be requested shall be
146	concluded before the final report is filed. The task force is
147	abolished July 1, 2006.
148	Section 2.  This act shall take effect upon becoming a law.

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