Senate Bill sb0100
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
By Senator Wise
5-124-06
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 s. 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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
5-124-06
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 s. 893.145, Florida Statutes, which may
10 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, 2006, 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 2006, 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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
5-124-06
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 s. 112.061, Florida
13 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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
5-124-06
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 that are relevant to prohibited
12 activities involving drug paraphernalia.
13 h. The location of those businesses relative to the
14 locations of schools, churches or other places of worship,
15 neighborhoods, buildings, facilities, and areas where children
16 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.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
5-124-06
1 4. Approaches to abating 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 2007 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 2007 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
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 100
5-124-06
1 be concluded before the final report is filed. The task force
2 is abolished July 1, 2007.
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.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.