Senate Bill sb2224c1
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Florida Senate - 2006 CS for SB 2224
By the Committee on Health Care; and Senator Peaden
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1 A bill to be entitled
2 An act relating to clandestine laboratory
3 contamination; amending s. 893.02, F.S.;
4 providing definitions; creating s. 893.121,
5 F.S.; providing for quarantine of any
6 residential property where illegal clandestine
7 laboratory activities occurred; providing for
8 establishment of a uniform notice and a uniform
9 letter of notification; providing for posting
10 of specified notice at the site of a
11 quarantine; providing requirements for the
12 sending of a specified letter of notification
13 to a residential property owner or manager;
14 providing for petitions by certain persons in
15 circuit court to lift such quarantines under
16 certain conditions; prohibiting specified
17 violations relating to such quarantines;
18 creating s. 893.122, F.S.; permitting
19 demolition of quarantined residential property
20 under certain conditions; providing immunity
21 from health-based civil actions for residential
22 property owners who have met specified
23 clandestine laboratory decontamination
24 standards as evidenced by specified
25 documentation; providing an exception to such
26 immunity for persons convicted of manufacturing
27 controlled substances at the site; creating s.
28 893.123, F.S.; providing for rulemaking to
29 adopt clandestine laboratory decontamination
30 standards; providing for certificates of
31 fitness to indicate that decontamination has
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1 been completed; providing requirements for the
2 lifting of a quarantine upon demolition of the
3 property; creating s. 893.124, F.S.; requiring
4 the Department of Health to specify
5 requirements for persons authorized to perform
6 decontamination and contamination assessments;
7 requiring the department to compile and
8 maintain lists of decontamination and
9 contamination assessment specialists; providing
10 responsibilities for decontamination
11 specialists; permitting decontamination and
12 contamination assessment specialists to request
13 specified documents; providing for the issuance
14 of certificates of fitness by contamination
15 assessment specialists; amending ss. 465.016,
16 465.023, 856.015, 893.135, 944.47, 951.22, and
17 985.4046, F.S.; conforming cross-references;
18 providing an effective date.
19
20 WHEREAS, methamphetamine use and production is
21 increasing throughout the state, and
22 WHEREAS, in places where methamphetamine production has
23 occurred, significant levels of chemical contamination may be
24 found, especially in residential properties when the
25 contamination is not decontaminated, and
26 WHEREAS, children are susceptible to environmental
27 toxicants via the skin, and the ingestion of residual
28 methamphetamine is considered to be a result of hand-to-mouth
29 activities, and
30
31
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1 WHEREAS, studies on methamphetamine use during
2 pregnancy showed an increased incidence of intrauterine growth
3 retardation, prematurity, and perinatal complications, and
4 WHEREAS, once clandestine laboratories have been
5 seized, the public may continue to be harmed by the illegal
6 dumping of chemical byproducts and the chemical residues that
7 remain on the residential property, and
8 WHEREAS, there are no statewide standards for
9 determining when a site of a seized clandestine laboratory has
10 been successfully decontaminated, and
11 WHEREAS, the Legislature finds that this act is
12 necessary for the immediate preservation of the public health,
13 safety, and welfare and fulfills an important state interest,
14 NOW, THEREFORE,
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 893.02, Florida Statutes, is
19 amended to read:
20 893.02 Definitions.--The following words and phrases
21 as used in this chapter shall have the following meanings,
22 unless the context otherwise requires:
23 (1) "Administer" means the direct application of a
24 controlled substance, whether by injection, inhalation,
25 ingestion, or any other means, to the body of a person or
26 animal.
27 (2) "Analog" or "chemical analog" means a structural
28 derivative of a parent compound that is a controlled
29 substance.
30 (3) "Cannabis" means all parts of any plant of the
31 genus Cannabis, whether growing or not; the seeds thereof; the
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1 resin extracted from any part of the plant; and every
2 compound, manufacture, salt, derivative, mixture, or
3 preparation of the plant or its seeds or resin.
4 (4) "Clandestine laboratory" means any location and
5 proximate areas set aside or used that are likely to be
6 contaminated as a result of manufacturing, processing,
7 cooking, disposing, or storing, either temporarily or
8 permanently, any substances in violation of this chapter,
9 except as such activities are authorized in chapter 499.
10 (5) "Contaminated" or "contamination" means containing
11 levels of chemicals at or above the levels defined by the
12 department pursuant to s. 893.123(1) as a result of
13 clandestine laboratory activity.
14 (6) "Contamination assessment specialist" or
15 "contamination assessor" means a person responsible for
16 assessing the extent of contamination and decontamination by
17 determining the indoor air quality in a residential property
18 based on the standards defined by the department. Upon the
19 conclusion of decontamination, a residential property must
20 successfully test less than or equal to the values defined by
21 the department. The person must have specialized training that
22 provides him or her with the knowledge, skills, and abilities
23 to use quantitative measurement techniques in collecting and
24 assessing specified contamination levels that have the ability
25 to impair human health and well-being.
26 (7)(4) "Controlled substance" means any substance
27 named or described in Schedules I-V of s. 893.03. Laws
28 controlling the manufacture, distribution, preparation,
29 dispensing, or administration of such substances are drug
30 abuse laws.
31
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1 (8) "Decontamination" means the process of reducing
2 the levels of contaminants to the levels defined by the
3 department pursuant to s. 893.123(1) that allow human
4 reoccupancy using currently available methods and processes.
5 (9) "Decontamination specialist" means a person
6 responsible for the cleanup, treatment, repair, removal, and
7 decontamination of contaminated materials located in a
8 residential property where clandestine laboratory activities
9 occurred. The person must have the knowledge, skills, and
10 ability to prescribe methods to eliminate, control, or reduce
11 contamination; and must have been trained in the removal,
12 storage, transport, and disposal of hazardous chemicals or
13 chemical residues commonly associated with clandestine
14 laboratory activities.
15 (10)(5) "Deliver" or "delivery" means the actual,
16 constructive, or attempted transfer from one person to another
17 of a controlled substance, whether or not there is an agency
18 relationship.
19 (11)(9) "Department" means the Department of Health.
20 (12)(6) "Dispense" means the transfer of possession of
21 one or more doses of a medicinal drug by a pharmacist or other
22 licensed practitioner to the ultimate consumer thereof or to
23 one who represents that it is his or her intention not to
24 consume or use the same but to transfer the same to the
25 ultimate consumer or user for consumption by the ultimate
26 consumer or user.
27 (13)(7) "Distribute" means to deliver, other than by
28 administering or dispensing, a controlled substance.
29 (14)(8) "Distributor" means a person who distributes.
30 (15)(10) "Hospital" means an institution for the care
31 and treatment of the sick and injured, licensed pursuant to
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1 the provisions of chapter 395 or owned or operated by the
2 state or Federal Government.
3 (16)(11) "Laboratory" means a laboratory approved by
4 the Drug Enforcement Administration as proper to be entrusted
5 with the custody of controlled substances for scientific,
6 medical, or instructional purposes or to aid law enforcement
7 officers and prosecuting attorneys in the enforcement of this
8 chapter.
9 (17)(12) "Listed chemical" means any precursor
10 chemical or essential chemical named or described in s.
11 893.033.
12 (18)(13)(a) "Manufacture" means the production,
13 preparation, propagation, compounding, cultivating, growing,
14 conversion, or processing of a controlled substance, either
15 directly or indirectly, by extraction from substances of
16 natural origin, or independently by means of chemical
17 synthesis, or by a combination of extraction and chemical
18 synthesis, and includes any packaging of the substance or
19 labeling or relabeling of its container, except that this term
20 does not include the preparation, compounding, packaging, or
21 labeling of a controlled substance by:
22 1. A practitioner or pharmacist as an incident to his
23 or her administering or delivering of a controlled substance
24 in the course of his or her professional practice.
25 2. A practitioner, or by his or her authorized agent
26 under the practitioner's supervision, for the purpose of, or
27 as an incident to, research, teaching, or chemical analysis,
28 and not for sale.
29 (b) "Manufacturer" means and includes every person who
30 prepares, derives, produces, compounds, or repackages any drug
31 as defined by the Florida Drug and Cosmetic Act. However, this
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1 definition does not apply to manufacturers of patent or
2 proprietary preparations as defined in the Florida Pharmacy
3 Act. Pharmacies, and pharmacists employed thereby, are
4 specifically excluded from this definition.
5 (19)(14) "Mixture" means any physical combination of
6 two or more substances.
7 (20)(15) "Patient" means an individual to whom a
8 controlled substance is lawfully dispensed or administered
9 pursuant to the provisions of this chapter.
10 (21)(16) "Pharmacist" means a person who is licensed
11 pursuant to chapter 465 to practice the profession of pharmacy
12 in this state.
13 (22)(17) "Possession" includes temporary possession
14 for the purpose of verification or testing, irrespective of
15 dominion or control.
16 (23)(18) "Potential for abuse" means that a substance
17 has properties of a central nervous system stimulant or
18 depressant or an hallucinogen that create a substantial
19 likelihood of its being:
20 (a) Used in amounts that create a hazard to the user's
21 health or the safety of the community;
22 (b) Diverted from legal channels and distributed
23 through illegal channels; or
24 (c) Taken on the user's own initiative rather than on
25 the basis of professional medical advice.
26
27 Proof of potential for abuse can be based upon a showing that
28 these activities are already taking place, or upon a showing
29 that the nature and properties of the substance make it
30 reasonable to assume that there is a substantial likelihood
31
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1 that such activities will take place, in other than isolated
2 or occasional instances.
3 (24)(19) "Practitioner" means a physician licensed
4 pursuant to chapter 458, a dentist licensed pursuant to
5 chapter 466, a veterinarian licensed pursuant to chapter 474,
6 an osteopathic physician licensed pursuant to chapter 459, a
7 naturopath licensed pursuant to chapter 462, or a podiatric
8 physician licensed pursuant to chapter 461, provided such
9 practitioner holds a valid federal controlled substance
10 registry number.
11 (25)(20) "Prescription" means and includes an order
12 for drugs or medicinal supplies written, signed, or
13 transmitted by word of mouth, telephone, telegram, or other
14 means of communication by a duly licensed practitioner
15 licensed by the laws of the state to prescribe such drugs or
16 medicinal supplies, issued in good faith and in the course of
17 professional practice, intended to be filled, compounded, or
18 dispensed by another person licensed by the laws of the state
19 to do so, and meeting the requirements of s. 893.04. The term
20 also includes an order for drugs or medicinal supplies so
21 transmitted or written by a physician, dentist, veterinarian,
22 or other practitioner licensed to practice in a state other
23 than Florida, but only if the pharmacist called upon to fill
24 such an order determines, in the exercise of his or her
25 professional judgment, that the order was issued pursuant to a
26 valid patient-physician relationship, that it is authentic,
27 and that the drugs or medicinal supplies so ordered are
28 considered necessary for the continuation of treatment of a
29 chronic or recurrent illness. However, if the physician
30 writing the prescription is not known to the pharmacist, the
31 pharmacist shall obtain proof to a reasonable certainty of the
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1 validity of said prescription. A prescription order for a
2 controlled substance shall not be issued on the same
3 prescription blank with another prescription order for a
4 controlled substance which is named or described in a
5 different schedule, nor shall any prescription order for a
6 controlled substance be issued on the same prescription blank
7 as a prescription order for a medicinal drug, as defined in s.
8 465.031(5), which does not fall within the definition of a
9 controlled substance as defined in this act.
10 (26) "Residential property" means a dwelling unit
11 used, or intended for use, by an individual or individuals as
12 a permanent residence. The term includes improved real
13 property of between one and four dwellings; a condominium
14 unit, as defined in s. 718.103(27); a cooperative unit, as
15 defined in s. 719.103(24); or a mobile home or manufactured
16 home, as defined in s. 320.01(2). The term does not include a
17 hotel, motel, campground, marina, or timeshare unit.
18 (27)(21) "Wholesaler" means any person who acts as a
19 jobber, wholesale merchant, or broker, or an agent thereof,
20 who sells or distributes for resale any drug as defined by the
21 Florida Drug and Cosmetic Act. However, this definition does
22 not apply to persons who sell only patent or proprietary
23 preparations as defined in the Florida Pharmacy Act.
24 Pharmacies, and pharmacists employed thereby, are specifically
25 excluded from this definition.
26 Section 2. Section 893.121, Florida Statutes, is
27 created to read:
28 893.121 Quarantine of a clandestine laboratory.--
29 (1) The purpose of the quarantine provided for in this
30 section is to prevent exposure of any person to the hazards
31 associated with clandestine laboratory activities and provide
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1 protection from unsafe conditions that pose a threat to the
2 public health, safety, and welfare. The department has the
3 authority to quarantine residential property under s.
4 381.0011.
5 (2) Whenever a sheriff, police officer, or other law
6 enforcement entity secures evidence from a residential
7 property in which illegal clandestine laboratory activities
8 occurred, the department must quarantine the property. The
9 local law enforcement entity securing evidence shall enforce a
10 quarantine on the residential property as part of its duty to
11 assist the department under s. 381.0012(5). Enforcement does
12 not require the 24-hour posting of law enforcement personnel.
13 The residential property shall remain quarantined until the
14 department receives a certificate of fitness documenting that
15 the property was decontaminated as defined by the department
16 pursuant to s. 893.123 or demolished in accordance with s.
17 893.122(1), or a court order is presented requiring the
18 quarantine to be lifted.
19 (3) The department shall adopt rules pursuant to ss.
20 120.536(1) and 120.54 to establish a uniform notice to post at
21 the site of a quarantined clandestine laboratory and a uniform
22 letter of notification of the quarantine to be sent to the
23 residential property owner or manager. It is the
24 responsibility of local law enforcement to post the notice of
25 a quarantine on the residential property, and it is the
26 responsibility of the department to mail the letter of
27 notification. The material in the letter and notice shall
28 include, but not be limited to:
29 (a) That the residential property has been quarantined
30 and a clandestine laboratory was seized on or inside the
31 residential property.
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1 (b) The date of the quarantine.
2 (c) The name and contact telephone number of the law
3 enforcement entity posting the quarantine.
4 (d) A statement specifying that hazardous substances,
5 toxic chemicals, or other hazardous waste products may have
6 been present and may remain on or inside the residential
7 property and that exposure to the substances may be harmful
8 and may pose a threat to public health and the environment.
9 (e) A statement that it is unlawful for an
10 unauthorized person to enter the contaminated residential
11 property and that the removal of any notice of the quarantine
12 is a second degree misdemeanor under s. 381.0025(1).
13 (f) A statement, in the notification letter,
14 explaining how to have the quarantine lifted.
15 (4) Upon securing evidence from a residential property
16 in which illegal clandestine laboratory activities occurred,
17 the local law enforcement entity shall immediately notify the
18 local health officer and the department's Division of
19 Environmental Health that a residential property is
20 quarantined and shall provide the name and contact information
21 of the law enforcement entity, the name of the residential
22 property owner or residential property manager, and the
23 address of the property.
24 (5) To the extent possible, the department shall mail
25 the letter of notification to the residential property owner
26 or the manager of the residential property within 5 working
27 days from the date of quarantine notifying the owner or
28 manager that a clandestine laboratory was found on the
29 property and that the property has been quarantined. The
30 department shall also include a list of contamination
31 assessment specialists and decontamination specialists and any
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1 other information deemed appropriate by the department to the
2 residential property owner or manager.
3 (6) Any person who has an interest in a residential
4 property that is quarantined pursuant to this section may file
5 a petition in the circuit court in which the residential
6 property is located to request a court order that the
7 quarantine of the residential property be lifted for one of
8 the following reasons:
9 (a) The residential property was wrongfully
10 quarantined; or
11 (b) The residential property has been properly
12 decontaminated as defined by the department pursuant to s.
13 893.123 or demolished pursuant to s. 893.122(1) and may be
14 reoccupied for habitation, but the department refuses or fails
15 to lift the quarantine.
16 (7) No person shall inhabit a quarantined residential
17 property, offer the residential property to the public for
18 temporary or indefinite habitation, or remove any notice of
19 the quarantine. Any person who willfully violates a provision
20 of this subsection commits a second degree misdemeanor under
21 s. 381.0025(1).
22 Section 3. Section 893.122, Florida Statutes, is
23 created to read:
24 893.122 Option of demolition; immunity from liability
25 from health-based civil actions.--
26 (1) A residential property owner shall, upon
27 notification from the department that clandestine laboratory
28 activities have occurred in a property owned by that owner and
29 that the property is quarantined, meet the decontamination
30 standards as defined by the department pursuant to s. 893.123
31 unless the property owner, at the owner's discretion, elects
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1 to demolish the contaminated residential property. The
2 demolition and removal of materials must meet the requirements
3 of the Occupational Safety and Health Administration and the
4 United States Environmental Protection Agency regulations
5 pertaining to the generation, storage, transport, and disposal
6 of hazardous wastes and any state or local requirements.
7 (2) A residential property owner who has met the
8 decontamination standards, as evidenced by a certificate of
9 fitness and a letter of reoccupancy pursuant to s.893.123, or
10 has demolished the residential property in compliance with
11 subsection (1), shall have immunity from health-based civil
12 actions brought by any future owner, renter, or other person
13 who occupies such residential property, or a neighbor of such
14 residential property, in which the alleged cause of the injury
15 or loss is the existence of the clandestine laboratory.
16 However, a person with a conviction, as defined in s. 944.607,
17 for the manufacture of any substance regulated under this
18 chapter on the residential property where clandestine
19 laboratory activities occurred shall not have the immunity
20 provided in this subsection.
21 Section 4. Section 893.123, Florida Statutes, is
22 created to read:
23 893.123 Clandestine laboratory decontamination
24 standards, certificate of fitness, and letter of
25 reoccupancy.--
26 (1) The department shall adopt rules pursuant to ss.
27 120.536(1) and 120.54 that establish:
28 (a) Standards for indoor air quality regarding levels
29 of contaminants produced by clandestine laboratory activities
30 to include methamphetamine, lead, mercury, and volatile
31 organic compounds. These standards must be consistent with
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1 values commonly used by other states or comply with national
2 standards.
3 (b) Standards for the cleanup and testing of
4 clandestine laboratories.
5 (c) A certificate of fitness that shall act as
6 appropriate documentation that a residential property has been
7 decontaminated in accordance with specified standards. The
8 certificate of fitness shall be submitted to the department by
9 a contamination assessment specialist. The certificate of
10 fitness shall include, but is not limited to:
11 1. The name of the residential property owner, the
12 mailing and street address of the residential property owner,
13 and, if applicable, the parcel identification of the
14 residential property.
15 2. The dates the residential property was quarantined
16 and cleanup was completed.
17 3. A summary of the indoor air quality test results,
18 findings, and conclusions as determined by a contamination
19 assessment specialist.
20 4. The name and address of the contamination
21 assessment specialist.
22 5. The name and address of the decontamination
23 specialist.
24 6. The method of repair, replacement, or
25 decontamination of the residential property.
26 (d) A letter of reoccupancy that will notify the
27 residential property owner that the property may be reoccupied
28 for habitation.
29 (2) Upon receipt of the certificate of fitness, the
30 department shall send a letter of reoccupancy to the
31 residential property owner or manager and to the local law
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1 enforcement entity that enforced the quarantine and posted the
2 notice. The letter of reoccupancy must include the address of
3 the residential property, a statement that the quarantine is
4 lifted, and a statement that the residential property may be
5 reoccupied for habitation.
6 (3) In the case of demolition, the department shall
7 lift the quarantine on a residential property upon receipt of
8 a letter presented by a demolition company stating that the
9 quarantined property was demolished. The letter must include
10 the address of the residential property and a statement that
11 the demolition was performed in accordance to the requirements
12 in s. 893.122(1).
13 Section 5. Section 893.124, Florida Statutes, is
14 created to read:
15 893.124 Decontamination and contamination assessment
16 specialists.--
17 (1)(a) The department shall compile and maintain lists
18 of decontamination and contamination assessment specialists.
19 The lists shall be posted on the department's Internet
20 website. The department shall indicate on the website whether
21 the specialists are bonded and insured.
22 (b) Persons authorized to perform decontamination or
23 contamination assessments must have knowledge and skill in the
24 handling of toxic substances. The department shall adopt rules
25 pursuant to ss. 120.536(1) and 120.54 specifying the
26 requirements for persons authorized to perform decontamination
27 and contamination assessments. Decontamination specialists
28 shall be responsible for ensuring that all hazardous
29 substances, toxic chemicals, or other hazardous waste products
30 that may have been present are removed from the residential
31
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1 property and disposed of in accordance with federal, state,
2 and local laws and regulations.
3 (2) In determining the level of contamination in a
4 clandestine laboratory, the decontamination or contamination
5 assessment specialist may request copies of any available law
6 enforcement reports or information relating to the following:
7 (a) The length of time the residential property was
8 used as a clandestine laboratory.
9 (b) The extent to which the residential property was
10 exposed to chemicals used in clandestine laboratory
11 activities.
12 (c) The chemical processes that were involved in the
13 clandestine laboratory activities.
14 (d) The chemicals that were removed from the
15 residential property.
16 (e) The location of the clandestine laboratory
17 activities in relation to the habitable areas of the
18 residential property.
19 (3) If the contamination assessment specialist
20 determines that the residential property is not contaminated,
21 the contamination assessment specialist shall prepare a
22 certificate of fitness and submit the certificate to the
23 department.
24 Section 6. Paragraph (s) of subsection (1) of section
25 465.016, Florida Statutes, is amended to read:
26 465.016 Disciplinary actions.--
27 (1) The following acts constitute grounds for denial
28 of a license or disciplinary action, as specified in s.
29 456.072(2):
30 (s) Dispensing any medicinal drug based upon a
31 communication that purports to be a prescription as defined by
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1 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or
2 has reason to believe that the purported prescription is not
3 based upon a valid practitioner-patient relationship.
4 Section 7. Paragraph (e) of subsection (1) of section
5 465.023, Florida Statutes, is amended to read:
6 465.023 Pharmacy permittee; disciplinary action.--
7 (1) The department or the board may revoke or suspend
8 the permit of any pharmacy permittee, and may fine, place on
9 probation, or otherwise discipline any pharmacy permittee who
10 has:
11 (e) Dispensed any medicinal drug based upon a
12 communication that purports to be a prescription as defined by
13 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or
14 has reason to believe that the purported prescription is not
15 based upon a valid practitioner-patient relationship that
16 includes a documented patient evaluation, including history
17 and a physical examination adequate to establish the diagnosis
18 for which any drug is prescribed and any other requirement
19 established by board rule under chapter 458, chapter 459,
20 chapter 461, chapter 463, chapter 464, or chapter 466.
21 Section 8. Paragraph (c) of subsection (1) of section
22 856.015, Florida Statutes, is amended to read:
23 856.015 Open house parties.--
24 (1) Definitions.--As used in this section:
25 (c) "Drug" means a controlled substance, as that term
26 is defined in ss. 893.02(4) and 893.03.
27 Section 9. Subsection (6) of section 893.135, Florida
28 Statutes, is amended to read:
29 893.135 Trafficking; mandatory sentences; suspension
30 or reduction of sentences; conspiracy to engage in
31 trafficking.--
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1 (6) A mixture, as defined in s. 893.02(14), containing
2 any controlled substance described in this section includes,
3 but is not limited to, a solution or a dosage unit, including
4 but not limited to, a pill or tablet, containing a controlled
5 substance. For the purpose of clarifying legislative intent
6 regarding the weighing of a mixture containing a controlled
7 substance described in this section, the weight of the
8 controlled substance is the total weight of the mixture,
9 including the controlled substance and any other substance in
10 the mixture. If there is more than one mixture containing the
11 same controlled substance, the weight of the controlled
12 substance is calculated by aggregating the total weight of
13 each mixture.
14 Section 10. Paragraph (a) of subsection (1) of section
15 944.47, Florida Statutes, is amended to read:
16 944.47 Introduction, removal, or possession of certain
17 articles unlawful; penalty.--
18 (1)(a) Except through regular channels as authorized
19 by the officer in charge of the correctional institution, it
20 is unlawful to introduce into or upon the grounds of any state
21 correctional institution, or to take or attempt to take or
22 send or attempt to send therefrom, any of the following
23 articles which are hereby declared to be contraband for the
24 purposes of this section, to wit:
25 1. Any written or recorded communication or any
26 currency or coin given or transmitted, or intended to be given
27 or transmitted, to any inmate of any state correctional
28 institution.
29 2. Any article of food or clothing given or
30 transmitted, or intended to be given or transmitted, to any
31 inmate of any state correctional institution.
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1 3. Any intoxicating beverage or beverage which causes
2 or may cause an intoxicating effect.
3 4. Any controlled substance as defined in s. 893.02(4)
4 or any prescription or nonprescription drug having a hypnotic,
5 stimulating, or depressing effect.
6 5. Any firearm or weapon of any kind or any explosive
7 substance.
8 Section 11. Subsection (1) of section 951.22, Florida
9 Statutes, is amended to read:
10 951.22 County detention facilities; contraband
11 articles.--
12 (1) It is unlawful, except through regular channels as
13 duly authorized by the sheriff or officer in charge, to
14 introduce into or possess upon the grounds of any county
15 detention facility as defined in s. 951.23 or to give to or
16 receive from any inmate of any such facility wherever said
17 inmate is located at the time or to take or to attempt to take
18 or send therefrom any of the following articles which are
19 hereby declared to be contraband for the purposes of this act,
20 to wit: Any written or recorded communication; any currency or
21 coin; any article of food or clothing; any tobacco products as
22 defined in s. 210.25(11); any cigarette as defined in s.
23 210.01(1); any cigar; any intoxicating beverage or beverage
24 which causes or may cause an intoxicating effect; any
25 narcotic, hypnotic, or excitative drug or drug of any kind or
26 nature, including nasal inhalators, sleeping pills,
27 barbiturates, and controlled substances as defined in s.
28 893.02(4); any firearm or any instrumentality customarily used
29 or which is intended to be used as a dangerous weapon; and any
30 instrumentality of any nature that may be or is intended to be
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2224
587-2461-06
1 used as an aid in effecting or attempting to effect an escape
2 from a county facility.
3 Section 12. Paragraph (a) of subsection (1) of section
4 985.4046, Florida Statutes, is amended to read:
5 985.4046 Introduction, removal, or possession of
6 certain articles unlawful; penalty.--
7 (1)(a) Except as authorized through program policy or
8 operating procedure or as authorized by the facility
9 superintendent, program director, or manager, a person may not
10 introduce into or upon the grounds of a juvenile detention
11 facility or commitment program, or take or send, or attempt to
12 take or send, from a juvenile detention facility or commitment
13 program, any of the following articles, which are declared to
14 be contraband under this section:
15 1. Any unauthorized article of food or clothing.
16 2. Any intoxicating beverage or any beverage that
17 causes or may cause an intoxicating effect.
18 3. Any controlled substance, as defined in s.
19 893.02(4), or any prescription or nonprescription drug that
20 has a hypnotic, stimulating, or depressing effect.
21 4. Any firearm or weapon of any kind or any explosive
22 substance.
23 Section 13. This act shall take effect July 1, 2006.
24
25 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
26 Senate Bill 2224
27
28 The committee substitute revises definitions, procedures, and
requirements for the quarantine of residential property where
29 illegal clandestine laboratory activities have occurred. The
bill specifies requirements for notice of the quarantine to
30 residential property owners and managers of such properties.
The bill deletes provisions which authorize a lien to be
31 placed on such properties.
20
CODING: Words stricken are deletions; words underlined are additions.