| 1 | A bill to be entitled | 
| 2 | An act relating to sexual predators; creating s. 794.075, | 
| 3 | F.S.; defining the term "drug"; prohibiting distribution | 
| 4 | of any drug treating erectile dysfunction to a person | 
| 5 | designated as a sexual predator; providing an affirmative | 
| 6 | defense; prohibiting a sexual predator from possessing | 
| 7 | such a drug; providing criminal penalties; providing an | 
| 8 | effective date. | 
| 9 | 
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| 10 | Be It Enacted by the Legislature of the State of Florida: | 
| 11 | 
 | 
| 12 | Section 1.  Section 794.075, Florida Statutes, is created | 
| 13 | to read: | 
| 14 | 794.075  Sexual predators; erectile dysfunction drugs.-- | 
| 15 | (1)  For purposes of this section, the term "drug" has the | 
| 16 | same meaning as in s. 499.003. | 
| 17 | (2)(a)  A person may not distribute any drug treating | 
| 18 | erectile dysfunction to a person designated as a sexual predator | 
| 19 | under s. 775.21. | 
| 20 | (b)  It is an affirmative defense to a charge under this | 
| 21 | subsection that the sexual predator was not listed on the sexual | 
| 22 | predator registry at the time the drug was distributed. | 
| 23 | (3)  A person may not possess an erectile dysfunction drug | 
| 24 | if the person is designated as a sexual predator under s. | 
| 25 | 775.21. | 
| 26 | (4)  A person who violates a provision of this section for | 
| 27 | the first time commits a misdemeanor of the second degree, | 
| 28 | punishable as provided in s. 775.082 or s. 775.083. A person who | 
| 29 | violates a provision of this section a second or subsequent time | 
| 30 | commits a misdemeanor of the first degree, punishable as | 
| 31 | provided in s. 775.082 or s. 775.083. | 
| 32 | Section 2.  This act shall take effect July 1, 2006. |