Senate Bill sb1238

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    Florida Senate - 2005                                  SB 1238

    By Senator Wise





    5-742-05

  1                      A bill to be entitled

  2         An act relating to the abatement of drug

  3         paraphernalia; creating the Drug Paraphernalia

  4         Abatement Task Force within the Executive

  5         Office of the Governor; prescribing task force

  6         membership; providing for meetings and duties

  7         of the task force; providing that meetings and

  8         records of the task force are subject to the

  9         public-records requirements of ch. 119, F. S.;

10         providing for members of the task force to be

11         reimbursed for per diem and travel expenses;

12         requiring the Office of Drug Control within the

13         Executive Office of the Governor to provide

14         staff support; requiring cooperation by state

15         agencies; providing for abolishing the task

16         force on a specified date; providing an

17         effective date.

18  

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

20  

21         Section 1.  Drug Paraphernalia Abatement Task Force.--

22         (1)(a)  There is created within the Executive Office of

23  the Governor the Drug Paraphernalia Abatement Task Force for

24  the purpose of recommending strategies and actions for abating

25  access to and the use and proliferation of drug paraphernalia,

26  as that term is defined in section 893.145, Florida Statutes.

27         (b)  The task force shall consist of the following 10

28  members:

29         1.  The Secretary of Business and Professional

30  Regulation or his or her designee.

31  

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    Florida Senate - 2005                                  SB 1238
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 1         2.  The director of the Office of Drug Control within

 2  the Executive Office of the Governor.

 3         3.  A member of the Senate, appointed by the President

 4  of the Senate.

 5         4.  A member of the House of Representatives, appointed

 6  by the Speaker of the House of Representatives.

 7         5.  A representative from a corporation that is

 8  licensed to do business in this state and that sells any of

 9  the items described in section 893.145, Florida Statutes,

10  which may be used as drug paraphernalia.

11         6.  A local law enforcement official or officer.

12         7.  A member of a faith-based community.

13         8.  A superintendent of a school district or a

14  principal of a secondary school.

15         9.  A member of a community organization concerned

16  about issues relating to illicit activities involving

17  controlled substances, including access to and the use and

18  proliferation of drug paraphernalia.

19         10.  A former or recovering drug addict.

20         (c)  Members of the task force described in

21  subparagraphs (b)5.-10. shall be appointed by the Governor by

22  July 1, 2005, and shall be representative of the geographic

23  regions and ethnic and gender diversity of this state. The

24  first meeting of the task force shall be held by July 15,

25  2005, at which time the members shall select by majority vote

26  a chairperson from among the task force members. All

27  recommendations of the task force shall be by majority vote.

28         (d)  The task force shall meet at the call of the

29  chairperson and shall conduct at least three public meetings,

30  which shall be held in localities throughout this state which

31  have a significant urban business district or have experienced

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    Florida Senate - 2005                                  SB 1238
    5-742-05




 1  problems with illicit controlled-substance activity resulting,

 2  in part, from access to and the use and proliferation of drug

 3  paraphernalia.

 4         (e)  Meetings of the task force shall be open to the

 5  public and are subject to the requirements of chapter 119,

 6  Florida Statutes. Records of the task force are public records

 7  and subject to the requirements of chapter 119, Florida

 8  Statutes, except to the extent that public access to any of

 9  those records may be restricted pursuant to that chapter.

10         (f)  Members of the task force shall serve without

11  compensation, but are entitled to reimbursement for per diem

12  and travel expenses in accordance with section 112.061,

13  Florida Statutes.

14         (g)  The Office of Drug Control within the Executive

15  Office of the Governor shall provide staff support for the

16  task force within existing appropriations.

17         (2)(a)  The task force shall study and take testimony

18  regarding:

19         1.  The nature and extent of the problem of access to

20  and the use and proliferation of drug paraphernalia in this

21  state, including the extent to which the marketing, selling,

22  or purchasing of items that may be used as drug paraphernalia

23  may contribute to that problem.

24         2.  Businesses that sell items that may be used as drug

25  paraphernalia, including, but not limited to, consideration

26  of:

27         a.  The types, ownership, organization, and operation

28  of those businesses.

29         b.  The regulation of those businesses and the state

30  and federal laws applicable to them.

31  

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    Florida Senate - 2005                                  SB 1238
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 1         c.  The marketing or selling of those items by those

 2  businesses.

 3         d.  The inventory and sale of those items relative to

 4  the total inventory and total sales of those businesses.

 5         e.  Measures taken by those businesses to restrict

 6  purchases of those items by minors or otherwise restrict

 7  purchases of those items.

 8         f.  The clientele of those businesses.

 9         g.  The prevalence of civil or criminal enforcement

10  actions taken against those businesses for violations of state

11  or federal rules or laws which are relevant to prohibited

12  activities involving drug paraphernalia.

13         h.  The location of those businesses relative to the

14  location of schools, churches or places of worship,

15  neighborhoods, and buildings, facilities, and areas where

16  children may regularly congregate.

17         i.  The opinions and concerns of local residents,

18  community and neighborhood activists and leaders, faith-based

19  community members and leaders, school personnel and students,

20  businesses, service providers, local law enforcement officials

21  and officers, and local government officials regarding those

22  businesses.

23         j.  Local or community efforts to restrict or regulate

24  those businesses.

25         3.  Current rules and laws and current efforts by

26  regulatory agencies and law enforcement agencies to abate

27  access to and the use and proliferation of drug paraphernalia

28  in this state, including, but not limited to, consideration of

29  whether it is necessary to amend those rules or laws or

30  propose new rules or new legislation.

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    Florida Senate - 2005                                  SB 1238
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 1         4.  Approaches to abate access to and the use and

 2  proliferation of drug paraphernalia, including, but not

 3  limited to:

 4         a.  Conforming the rules or laws of this state to

 5  federal rules or laws that are relevant to abating access to

 6  and the use and proliferation of drug paraphernalia.

 7         b.  Restricting the marketing, selling, or purchasing

 8  of any item that may be used as drug paraphernalia and legal

 9  concerns relevant to that restriction.

10         c.  Adopting provisions of rules or laws of other

11  states which are relevant to abating access to and the use and

12  proliferation of drug paraphernalia.

13         5.  Any other subject that is relevant to abating

14  access to and the use and proliferation of drug paraphernalia.

15         (b)  The task force shall submit a preliminary draft

16  report of its findings and recommendations to the Governor,

17  the President of the Senate, and the Speaker of the House of

18  Representatives at least 45 days before the first day of the

19  2006 Regular Session of the Legislature. The final report

20  shall be filed with the Governor, the President of the Senate,

21  and the Speaker of the House of Representatives at least 30

22  days before the first day of the 2006 Regular Session. In

23  addition to the findings and recommendations included in the

24  final report, the report must include a draft of proposed

25  rules and proposed legislation for any recommendations

26  requiring proposed rules and proposed legislation.

27         (c)  Each state agency shall fully cooperate with the

28  task force in the performance of its duties.

29         (3)  All meetings of the task force and all business of

30  the task force for which reimbursement may be requested shall

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    Florida Senate - 2005                                  SB 1238
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 1  be concluded before the final report is filed. The task force

 2  is abolished July 1, 2006.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Creates the Drug Paraphernalia Abatement Task Force
      within the Executive Office of the Governor. Prescribes
 9    task force membership. Provides for meetings and duties
      of the task force. Provides that meetings and records of
10    the task force are subject to the public-records
      requirements of ch. 119, F. S. Provides for reimbursement
11    for per diem and travel expenses. Requires the Office of
      Drug Control within the Executive Office of the Governor
12    to provide staff support. Requires cooperation by state
      agencies. Abolishes the task force at a future date.
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