HB 1167

A bill to be entitled
2An act relating to sexual predators; creating s. 794.075,
3F.S.; defining the term "drug"; prohibiting distribution
4of any drug treating erectile dysfunction to a person
5designated as a sexual predator; providing an affirmative
6defense; prohibiting a sexual predator from possessing
7such a drug; providing criminal penalties; providing an
8effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Section 794.075, Florida Statutes, is created
13to read:
14     794.075  Sexual predators; erectile dysfunction drugs.--
15     (1)  For purposes of this section, the term "drug" has the
16same meaning as in s. 499.003.
17     (2)(a)  A person may not distribute any drug treating
18erectile dysfunction to a person designated as a sexual predator
19under s. 775.21.
20     (b)  It is an affirmative defense to a charge under this
21subsection that the sexual predator was not listed on the sexual
22predator registry at the time the drug was distributed.
23     (3)  A person may not possess an erectile dysfunction drug
24if the person is designated as a sexual predator under s.
26     (4)  A person who violates a provision of this section for
27the first time commits a misdemeanor of the second degree,
28punishable as provided in s. 775.082 or s. 775.083. A person who
29violates a provision of this section a second or subsequent time
30commits a misdemeanor of the first degree, punishable as
31provided in s. 775.082 or s. 775.083.
32     Section 2.  This act shall take effect July 1, 2006.

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