Senate Bill sb0182

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    Florida Senate - 2006        (Corrected Copy)           SB 182

    By Senator Saunders





    37-239-06

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         amending s. 893.135, F.S.; providing for

  4         aggregation of amounts of controlled substances

  5         in certain circumstances for offenses involving

  6         trafficking; amending s. 903.047, F.S.;

  7         requiring persons charged with specified felony

  8         drug crimes who are seeking pretrial release on

  9         bond to make specified showings as to the

10         source and legitimacy of funds and the surety's

11         purpose and intentions; amending s. 903.0471,

12         F.S.; requiring that a defendant on pretrial

13         release for a felony drug offense who is

14         subsequently arrested for a new felony drug

15         offense be returned to custody and show that he

16         or she is not a danger to the community in

17         order to be released again; creating the Drug

18         Paraphernalia Abatement Task Force within the

19         Executive Office of the Governor; prescribing

20         the members of the task force; providing for

21         meetings and duties of the task force;

22         providing that meetings and records of the task

23         force are subject to public-records

24         requirements; providing for members of the task

25         force to be reimbursed for per diem and travel

26         expenses; requiring the Office of Drug Control

27         within the Executive Office of the Governor to

28         provide staff support; requiring reports;

29         requiring cooperation by state agencies;

30         providing for abolishing the task force on a

31         specified date; providing effective dates.

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    Florida Senate - 2006        (Corrected Copy)           SB 182
    37-239-06




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Effective October 1, 2006, subsection (8)

 4  is added to section 893.135, Florida Statutes, to read:

 5         893.135  Trafficking; mandatory sentences; suspension

 6  or reduction of sentences; conspiracy to engage in

 7  trafficking.--

 8         (8)  Amounts of controlled substances sold, purchased,

 9  manufactured, delivered, brought into the state, or actually

10  or constructively possessed by a specific person in a series

11  of violations of this chapter committed pursuant to one scheme

12  or course of conduct extending over a period of not more than

13  90 days may be aggregated in determining whether the weight

14  thresholds for offenses in this section have been met or

15  exceeded.

16         Section 2.  Effective October 1, 2006, present

17  subsection (2) of section 903.047, Florida Statutes, is

18  redesignated as subsection (3), and a new subsection (2) is

19  added to that section, to read:

20         903.047  Conditions of pretrial release.--

21         (2)  As a condition of pretrial release on appearance

22  or criminal surety bond of any person charged with a felony

23  under chapter 893 involving the sale, delivery, cultivation,

24  or manufacture of any controlled substance; the possession of,

25  with intent to sell, deliver, cultivate, or manufacture, any

26  controlled substance; or trafficking in any controlled

27  substance, the court shall require that the defendant prove by

28  a preponderance of the evidence:

29         (a)  The source and legitimacy of any funds intended to

30  be used to obtain his or her release.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 182
    37-239-06




 1         (b)  If the defendant's release is to be guaranteed by

 2  criminal surety bond, the surety's purpose and intention to

 3  secure the appearance of the defendant to answer charges.

 4         Section 3.  Effective October 1, 2006, section

 5  903.0471, Florida Statutes, is amended to read:

 6         903.0471  Violation of condition of pretrial release.--

 7         (1)  Notwithstanding s. 907.041, a court may, on its

 8  own motion, revoke pretrial release and order pretrial

 9  detention if the court finds probable cause to believe that

10  the defendant committed a new crime while on pretrial release.

11         (2)  Notwithstanding s. 907.041, if a defendant has

12  been granted pretrial release on a charge of any felony

13  committed in violation of chapter 893 involving the sale,

14  delivery, cultivation, or manufacture of any controlled

15  substance; the possession of, with intent to sell, deliver,

16  cultivate, or manufacture, any controlled substance; or

17  trafficking in any controlled substance, and that defendant is

18  subsequently arrested on a new charge of a felony committed in

19  violation of chapter 893 involving the sale, delivery,

20  cultivation, or manufacture of any controlled substance; the

21  possession of, with intent to sell, deliver, cultivate, or

22  manufacture, any controlled substance; or trafficking in any

23  controlled substance, the court shall revoke the defendant's

24  existing pretrial release, and the defendant shall be returned

25  to custody on the pending charges. The defendant is not

26  eligible for pretrial release on the subsequent charge until

27  an evidentiary hearing is held. At such hearing for pretrial

28  release on the subsequent charge, the burden is on the

29  defendant to prove by a preponderance of the evidence that his

30  or her release would not be a danger to the community.

31         Section 4.  Drug Paraphernalia Abatement Task Force.--

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    Florida Senate - 2006        (Corrected Copy)           SB 182
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 1         (1)(a)  There is created within the Executive Office of

 2  the Governor the Drug Paraphernalia Abatement Task Force for

 3  the purpose of recommending strategies and actions for abating

 4  access to and the use and proliferation of drug paraphernalia,

 5  as that term is defined in s. 893.145, Florida Statutes.

 6         (b)  The task force shall consist of the following

 7  eight members:

 8         1.  The Secretary of Business and Professional

 9  Regulation or his or her designee.

10         2.  The director of the Office of Drug Control within

11  the Executive Office of the Governor.

12         3.  A representative from a corporation that is

13  licensed to do business in this state and that sells any of

14  the items described in s. 893.145, Florida Statutes, which may

15  be used as drug paraphernalia.

16         4.  A local law enforcement official or officer.

17         5.  A member of a faith-based community.

18         6.  A superintendent of a school district or a

19  principal of a secondary school.

20         7.  A member of a community organization concerned

21  about issues relating to illicit activities involving

22  controlled substances, including access to and the use and

23  proliferation of drug paraphernalia.

24         8.  A former or recovering drug addict.

25         (c)  Members of the task force shall be appointed by

26  the Governor by July 1, 2006, and shall be representative of

27  the geographic regions and ethnic and gender diversity of this

28  state. The first meeting of the task force shall be held by

29  July 15, 2006, at which time the members shall select by

30  majority vote a chairperson from among the task force members.

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 182
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 1  All recommendations of the task force shall be by majority

 2  vote.

 3         (d)  The task force shall meet at the call of the

 4  chairperson and shall conduct at least three public meetings,

 5  which shall be held in localities throughout this state which

 6  have a significant urban business district or have experienced

 7  problems with illicit controlled-substance activity resulting,

 8  in part, from access to and the use and proliferation of drug

 9  paraphernalia.

10         (e)  Meetings of the task force shall be open to the

11  public and are subject to the requirements of chapter 119,

12  Florida Statutes. Records of the task force are public records

13  and subject to the requirements of chapter 119, Florida

14  Statutes, except to the extent that public access to any of

15  those records may be restricted pursuant to that chapter.

16         (f)  Members of the task force shall serve without

17  compensation, but are entitled to reimbursement for per diem

18  and travel expenses in accordance with s. 112.061, Florida

19  Statutes.

20         (g)  The Office of Drug Control within the Executive

21  Office of the Governor shall provide staff support for the

22  task force within existing appropriations.

23         (2)(a)  The task force shall study and take testimony

24  regarding:

25         1.  The nature and extent of the problem of access to

26  and the use and proliferation of drug paraphernalia in this

27  state, including the extent to which the marketing, selling,

28  or purchasing of items that may be used as drug paraphernalia

29  may contribute to that problem.

30  

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 182
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 1         2.  Businesses that sell items that may be used as drug

 2  paraphernalia, including, but not limited to, consideration

 3  of:

 4         a.  The types, ownership, organization, and operation

 5  of those businesses.

 6         b.  The regulation of those businesses and the state

 7  and federal laws applicable to them.

 8         c.  The marketing or selling of those items by those

 9  businesses.

10         d.  The inventory and sale of those items relative to

11  the total inventory and total sales of those businesses.

12         e.  Measures taken by those businesses to restrict

13  purchases of those items by minors or otherwise restrict

14  purchases of those items.

15         f.  The clientele of those businesses.

16         g.  The prevalence of civil or criminal enforcement

17  actions taken against those businesses for violations of state

18  or federal rules or laws which are relevant to prohibited

19  activities involving drug paraphernalia.

20         h.  The location of those businesses relative to the

21  location of schools, churches or places of worship,

22  neighborhoods, and buildings, facilities, and areas where

23  children may regularly congregate.

24         i.  The opinions and concerns of local residents,

25  community and neighborhood activists and leaders, faith-based

26  community members and leaders, school personnel and students,

27  businesses, service providers, local law enforcement officials

28  and officers, and local government officials regarding those

29  businesses.

30         j.  Local or community efforts to restrict or regulate

31  those businesses.

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    Florida Senate - 2006        (Corrected Copy)           SB 182
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 1         3.  Current rules and laws and current efforts by

 2  regulatory agencies and law enforcement agencies to abating

 3  access to and the use and proliferation of drug paraphernalia

 4  in this state, including, but not limited to, consideration of

 5  whether it is necessary to amend those rules or laws or

 6  propose new rules or new legislation.

 7         4.  Approaches to abate access to and the use and

 8  proliferation of drug paraphernalia, including, but not

 9  limited to:

10         a.  Conforming the rules or laws of this state to

11  federal rules or laws that are relevant to abating access to

12  and the use and proliferation of drug paraphernalia.

13         b.  Restricting the marketing, selling, or purchasing

14  of any item that may be used as drug paraphernalia and legal

15  concerns relevant to that restriction.

16         c.  Adopting provisions of rules or laws of other

17  states which are relevant to abating access to and the use and

18  proliferation of drug paraphernalia.

19         5.  Any other subject that is relevant to abating

20  access to and the use and proliferation of drug paraphernalia.

21         (b)  The task force shall submit a preliminary draft

22  report of its findings and recommendations to the Governor,

23  the President of the Senate, and the Speaker of the House of

24  Representatives at least 45 days before the first day of the

25  2007 Regular Session of the Legislature. The final report

26  shall be filed with the Governor, the President of the Senate,

27  and the Speaker of the House of Representatives at least 30

28  days before the first day of the 2007 Regular Session. In

29  addition to the findings and recommendations included in the

30  final report, the report must include a draft of proposed

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 182
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 1  rules and proposed legislation for any recommendations

 2  requiring proposed rules and proposed legislation.

 3         (c)  Each state agency shall fully cooperate with the

 4  task force in the performance of its duties.

 5         (3)  All meetings of the task force and all business of

 6  the task force for which reimbursement may be requested shall

 7  be concluded before the final report is filed. The task force

 8  is abolished July 1, 2007.

 9         Section 5.  Except as otherwise expressly provided in

10  this act, this act shall take effect upon becoming a law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Provides for aggregating the amount of controlled
      substances if an offense involves trafficking. Requires
15    that persons charged with certain drug crimes prove the
      legitimacy of funds provided to a surety for purposes of
16    pretrial release on bond. Creates the Drug Paraphernalia
      Abatement Task Force within the Executive Office of the
17    Governor. Provides for membership and duties. (See bill
      for details.)
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