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