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