| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to controlled substances; amending s. |
| 7 | 39.301, F.S.; requiring the Department of Children and |
| 8 | Family Services to file a petition for dependency for the |
| 9 | children of parents involved in certain controlled |
| 10 | substance crimes; amending s. 893.13, F.S.; revising |
| 11 | provisions relating to criminal penalties for controlled |
| 12 | substance violations that result in serious injury to |
| 13 | specified individuals; creating s. 627.4107, F.S.; |
| 14 | prohibiting refusal to insure or cancellation of life or |
| 15 | health insurance policies or certificates of specified |
| 16 | local, state, or federal employees due to exposure to |
| 17 | toxic chemicals or due to disease or injury incurred in |
| 18 | their duties related to controlled substance law |
| 19 | violations committed by others; providing penalties; |
| 20 | amending s. 907.041, F.S.; revising a definition; revising |
| 21 | provisions relating to pretrial release of certain |
| 22 | defendants charged with certain controlled substance |
| 23 | offenses; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Paragraph (b) of subsection (8) of section |
| 28 | 39.301, Florida Statutes, is amended to read: |
| 29 | 39.301 Initiation of protective investigations.-- |
| 30 | (8) The person responsible for the investigation shall |
| 31 | make a preliminary determination as to whether the report is |
| 32 | complete, consulting with the attorney for the department when |
| 33 | necessary. In any case in which the person responsible for the |
| 34 | investigation finds that the report is incomplete, he or she |
| 35 | shall return it without delay to the person or agency |
| 36 | originating the report or having knowledge of the facts, or to |
| 37 | the appropriate law enforcement agency having investigative |
| 38 | jurisdiction, and request additional information in order to |
| 39 | complete the report; however, the confidentiality of any report |
| 40 | filed in accordance with this chapter shall not be violated. |
| 41 | (b) If it is determined that the child is in need of the |
| 42 | protection and supervision of the court, the department shall |
| 43 | file a petition for dependency. A petition for dependency shall |
| 44 | be filed in all cases classified by the department as high-risk. |
| 45 | Factors that the department may consider in determining whether |
| 46 | a case is high-risk include, but are not limited to, the young |
| 47 | age of the parents or legal custodians, the use of illegal |
| 48 | drugs, the arrest of the parents or legal custodians on charges |
| 49 | of manufacturing, processing, disposing of, or storing, either |
| 50 | temporarily or permanently, any substances in violation of |
| 51 | chapter 893, or domestic violence. |
| 52 | Section 2. Subsection (12) of section 893.13, Florida |
| 53 | Statutes, is amended to read: |
| 54 | 893.13 Prohibited acts; penalties.-- |
| 55 | (12) If a person violates any provision of this chapter |
| 56 | and the violation results in a serious injury to a state or |
| 57 | local law enforcement officer as defined in s. 943.10, |
| 58 | firefighter as defined in s. 633.30, emergency medical |
| 59 | technician as defined in s. 401.23, paramedic as defined in s. |
| 60 | 401.23, employee of a public utility or an electric utility as |
| 61 | defined in s. 366.02, animal control officer as defined in s. |
| 62 | 828.27, volunteer firefighter engaged by state or local |
| 63 | government, law enforcement officer employed by the Federal |
| 64 | Government, or any other local, state, or Federal Government |
| 65 | employee injured during the course and scope of his or her |
| 66 | employment state, local, or federal law enforcement officer, the |
| 67 | person commits a felony of the third degree, punishable as |
| 68 | provided in s. 775.082, s. 775.083, or s. 775.084. If the injury |
| 69 | sustained results in death or great bodily harm, the person |
| 70 | commits a felony of the second degree, punishable as provided in |
| 71 | s. 775.082, s. 775.083, or s. 775.084. |
| 72 | Section 3. Section 627.4107, Florida Statutes, is created |
| 73 | to read: |
| 74 | 627.4107 Government employees exposed to toxic drug |
| 75 | chemicals; refusal to insure and cancellation of life or health |
| 76 | policy or certificate prohibited.--No life or health insurer may |
| 77 | cancel or nonrenew a life or health insurance policy or |
| 78 | certificate of insurance providing coverage to, or refuse to |
| 79 | insure, a state or local law enforcement officer as defined in |
| 80 | s. 943.10, firefighter as defined in s. 633.30, emergency |
| 81 | medical technician as defined in s. 401.23, or paramedic as |
| 82 | defined in s. 401.23, a volunteer firefighter engaged by state |
| 83 | or local government, a law enforcement officer employed by the |
| 84 | Federal Government, or any other local, state, or Federal |
| 85 | Government employee solely based on the fact that the individual |
| 86 | has been exposed to toxic chemicals or suffered injury or |
| 87 | disease as a result of the individual's lawful duties arising |
| 88 | out of the commission of a violation of chapter 893 by another |
| 89 | person. This section does not apply to any person who commits an |
| 90 | offense under chapter 893. |
| 91 | Section 4. Paragraph (a) of subsection (4) of section |
| 92 | 907.041, Florida Statutes, is amended, and paragraph (l) is |
| 93 | added to that subsection, to read: |
| 94 | 907.041 Pretrial detention and release.-- |
| 95 | (4) PRETRIAL DETENTION.-- |
| 96 | (a) As used in this subsection, "dangerous crime" means |
| 97 | any of the following: |
| 98 | 1. Arson; |
| 99 | 2. Aggravated assault; |
| 100 | 3. Aggravated battery; |
| 101 | 4. Illegal use of explosives; |
| 102 | 5. Child abuse or aggravated child abuse; |
| 103 | 6. Abuse of an elderly person or disabled adult, or |
| 104 | aggravated abuse of an elderly person or disabled adult; |
| 105 | 7. Aircraft piracy; |
| 106 | 8. Kidnapping; |
| 107 | 9. Homicide; |
| 108 | 10. Manslaughter; |
| 109 | 11. Sexual battery; |
| 110 | 12. Robbery; |
| 111 | 13. Carjacking; |
| 112 | 14. Lewd, lascivious, or indecent assault or act upon or |
| 113 | in presence of a child under the age of 16 years; |
| 114 | 15. Sexual activity with a child, who is 12 years of age |
| 115 | or older but less than 18 years of age, by or at solicitation of |
| 116 | person in familial or custodial authority; |
| 117 | 16. Burglary of a dwelling; |
| 118 | 17. Stalking and aggravated stalking; |
| 119 | 18. Act of domestic violence as defined in s. 741.28; |
| 120 | 19. Home invasion robbery; |
| 121 | 20. Act of terrorism as defined in s. 775.30; and |
| 122 | 21. Manufacturing any substance in violation of chapter |
| 123 | 893; and |
| 124 | 22.21. Attempting or conspiring to commit any such crime. |
| 125 | (l) The Legislature finds that a person who manufactures |
| 126 | any substance in violation of chapter 893 poses a threat of harm |
| 127 | to the community and that the factual circumstances of such a |
| 128 | crime indicate a disregard for the safety of the community. If |
| 129 | the court finds that there is a substantial probability that a |
| 130 | defendant charged with manufacturing any substance in violation |
| 131 | of chapter 893 committed such a crime, there are no conditions |
| 132 | of release reasonably sufficient to protect the community from |
| 133 | the risk of physical harm to persons and therefore the court |
| 134 | shall order pretrial detention. |
| 135 | Section 5. This act shall take effect July 1, 2006. |