Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2356
                        Barcode 140974
                            CHAMBER ACTION
              Senate                               House
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       04/20/2006 09:53 AM         .                    
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11  The Committee on Judiciary (Baker) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (8) of section
19  39.301, Florida Statutes, is amended to read:
20         39.301  Initiation of protective investigations.--
21         (8)  The person responsible for the investigation shall
22  make a preliminary determination as to whether the report is
23  complete, consulting with the attorney for the department when
24  necessary. In any case in which the person responsible for the
25  investigation finds that the report is incomplete, he or she
26  shall return it without delay to the person or agency
27  originating the report or having knowledge of the facts, or to
28  the appropriate law enforcement agency having investigative
29  jurisdiction, and request additional information in order to
30  complete the report; however, the confidentiality of any
31  report filed in accordance with this chapter shall not be
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 violated. 2 (b) If it is determined that the child is in need of 3 the protection and supervision of the court, the department 4 shall file a petition for dependency. A petition for 5 dependency shall be filed in all cases classified by the 6 department as high-risk. Factors that the department may 7 consider in determining whether a case is high-risk include, 8 but are not limited to, the young age of the parents or legal 9 custodians, the use of illegal drugs, the arrest of the 10 parents or legal custodians on charges of manufacturing, 11 processing, disposing of, or storing, either temporarily or 12 permanently, any substances in violation of chapter 893, or 13 domestic violence. 14 Section 2. Subsection (12) of section 893.13, Florida 15 Statutes, is amended to read: 16 893.13 Prohibited acts; penalties.-- 17 (12) If a person violates any provision of this 18 chapter and the violation results in a serious injury to a 19 state or local law enforcement officer as defined in s. 20 943.10, firefighter as defined in s. 633.30, emergency medical 21 technician as defined in s. 401.23, paramedic as defined in s. 22 401.23, employee of a public utility or an electric utility as 23 defined in s. 366.02, animal control officer as defined in s. 24 828.27, volunteer firefighter engaged by state or local 25 government, law enforcement officer employed by the Federal 26 Government, or any other local, state, or Federal Government 27 employee injured during the course and scope of his or her 28 employment state, local, or federal law enforcement officer, 29 the person commits a felony of the third degree, punishable as 30 provided in s. 775.082, s. 775.083, or s. 775.084. If the 31 injury sustained results in death or great bodily harm, the 2 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 person commits a felony of the second degree, punishable as 2 provided in s. 775.082, s. 775.083, or s. 775.084. 3 Section 3. Section 627.4107, Florida Statutes, is 4 created to read: 5 627.4107 Government employees exposed to toxic drug 6 chemicals; cancellation of life or health policy or 7 certificate prohibited.--No life or health insurer may cancel 8 or nonrenew a life or health insurance policy or certificate 9 of insurance providing coverage to a state or local law 10 enforcement officer as defined in s. 943.10, firefighter as 11 defined in s. 633.30, emergency medical technician as defined 12 in s. 401.23, or paramedic as defined in s. 401.23, a 13 volunteer firefighter engaged by state or local government, a 14 law enforcement officer employed by the Federal Government, or 15 any other local, state, or Federal Government employee solely 16 based on the fact that the individual has been exposed to 17 toxic chemicals or suffered injury or disease as a result of 18 the individual's lawful duties arising out of the commission 19 of a violation of chapter 893 by another person. This section 20 does not apply to any person who commits an offense under 21 chapter 893. This section does not prohibit an insurer from 22 canceling or nonrenewing an insurance policy, as permitted 23 under the Florida Insurance Code, based on an act or practice 24 of the policyholder which constitutes fraud or intentional 25 misrepresentation of material fact by the policyholder. 26 Section 4. Paragraph (a) of subsection (4) of section 27 907.041, Florida Statutes, is amended, and paragraph (l) is 28 added to that subsection, to read: 29 907.041 Pretrial detention and release.-- 30 (4) PRETRIAL DETENTION.-- 31 (a) As used in this subsection, "dangerous crime" 3 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 means any of the following: 2 1. Arson; 3 2. Aggravated assault; 4 3. Aggravated battery; 5 4. Illegal use of explosives; 6 5. Child abuse or aggravated child abuse; 7 6. Abuse of an elderly person or disabled adult, or 8 aggravated abuse of an elderly person or disabled adult; 9 7. Aircraft piracy; 10 8. Kidnapping; 11 9. Homicide; 12 10. Manslaughter; 13 11. Sexual battery; 14 12. Robbery; 15 13. Carjacking; 16 14. Lewd, lascivious, or indecent assault or act upon 17 or in presence of a child under the age of 16 years; 18 15. Sexual activity with a child, who is 12 years of 19 age or older but less than 18 years of age, by or at 20 solicitation of person in familial or custodial authority; 21 16. Burglary of a dwelling; 22 17. Stalking and aggravated stalking; 23 18. Act of domestic violence as defined in s. 741.28; 24 19. Home invasion robbery; 25 20. Act of terrorism as defined in s. 775.30; and 26 21. Manufacturing any substances in violation of 27 chapter 893; and 28 22.21. Attempting or conspiring to commit any such 29 crime. 30 (l) The Legislature finds that a person who 31 manufactures any substances in violation of chapter 893 poses 4 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 a threat of harm to the community and that the factual 2 circumstances of such a crime indicate a disregard for the 3 safety of the community. The court shall order pretrial 4 detention if the court finds that there is a substantial 5 probability that a defendant charged with manufacturing any 6 substances in violation of chapter 893 committed such a crime, 7 and if the court finds that there are no conditions of release 8 reasonably sufficient to protect the community from the risk 9 of physical harm to persons. 10 Section 5. Paragraph (s) of subsection (1) of section 11 465.016, Florida Statutes, is amended to read: 12 465.016 Disciplinary actions.-- 13 (1) The following acts constitute grounds for denial 14 of a license or disciplinary action, as specified in s. 15 456.072(2): 16 (s) Dispensing any medicinal drug based upon a 17 communication that purports to be a prescription as defined by 18 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or 19 has reason to believe that the purported prescription is not 20 based upon a valid practitioner-patient relationship. 21 Section 6. Paragraph (e) of subsection (1) of section 22 465.023, Florida Statutes, is amended to read: 23 465.023 Pharmacy permittee; disciplinary action.-- 24 (1) The department or the board may revoke or suspend 25 the permit of any pharmacy permittee, and may fine, place on 26 probation, or otherwise discipline any pharmacy permittee who 27 has: 28 (e) Dispensed any medicinal drug based upon a 29 communication that purports to be a prescription as defined by 30 s. 465.003(14) or s. 893.02(20) when the pharmacist knows or 31 has reason to believe that the purported prescription is not 5 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 based upon a valid practitioner-patient relationship that 2 includes a documented patient evaluation, including history 3 and a physical examination adequate to establish the diagnosis 4 for which any drug is prescribed and any other requirement 5 established by board rule under chapter 458, chapter 459, 6 chapter 461, chapter 463, chapter 464, or chapter 466. 7 Section 7. Paragraph (c) of subsection (1) of section 8 856.015, Florida Statutes, is amended to read: 9 856.015 Open house parties.-- 10 (1) Definitions.--As used in this section: 11 (c) "Drug" means a controlled substance, as that term 12 is defined in ss. 893.02(4) and 893.03. 13 Section 8. Subsection (6) of section 893.135, Florida 14 Statutes, is amended to read: 15 893.135 Trafficking; mandatory sentences; suspension 16 or reduction of sentences; conspiracy to engage in 17 trafficking.-- 18 (6) A mixture, as defined in s. 893.02(14), containing 19 any controlled substance described in this section includes, 20 but is not limited to, a solution or a dosage unit, including 21 but not limited to, a pill or tablet, containing a controlled 22 substance. For the purpose of clarifying legislative intent 23 regarding the weighing of a mixture containing a controlled 24 substance described in this section, the weight of the 25 controlled substance is the total weight of the mixture, 26 including the controlled substance and any other substance in 27 the mixture. If there is more than one mixture containing the 28 same controlled substance, the weight of the controlled 29 substance is calculated by aggregating the total weight of 30 each mixture. 31 Section 9. Paragraph (a) of subsection (1) of section 6 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 944.47, Florida Statutes, is amended to read: 2 944.47 Introduction, removal, or possession of certain 3 articles unlawful; penalty.-- 4 (1)(a) Except through regular channels as authorized 5 by the officer in charge of the correctional institution, it 6 is unlawful to introduce into or upon the grounds of any state 7 correctional institution, or to take or attempt to take or 8 send or attempt to send therefrom, any of the following 9 articles which are hereby declared to be contraband for the 10 purposes of this section, to wit: 11 1. Any written or recorded communication or any 12 currency or coin given or transmitted, or intended to be given 13 or transmitted, to any inmate of any state correctional 14 institution. 15 2. Any article of food or clothing given or 16 transmitted, or intended to be given or transmitted, to any 17 inmate of any state correctional institution. 18 3. Any intoxicating beverage or beverage which causes 19 or may cause an intoxicating effect. 20 4. Any controlled substance as defined in s. 893.02(4) 21 or any prescription or nonprescription drug having a hypnotic, 22 stimulating, or depressing effect. 23 5. Any firearm or weapon of any kind or any explosive 24 substance. 25 Section 10. Subsection (1) of section 951.22, Florida 26 Statutes, is amended to read: 27 951.22 County detention facilities; contraband 28 articles.-- 29 (1) It is unlawful, except through regular channels as 30 duly authorized by the sheriff or officer in charge, to 31 introduce into or possess upon the grounds of any county 7 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 detention facility as defined in s. 951.23 or to give to or 2 receive from any inmate of any such facility wherever said 3 inmate is located at the time or to take or to attempt to take 4 or send therefrom any of the following articles which are 5 hereby declared to be contraband for the purposes of this act, 6 to wit: Any written or recorded communication; any currency or 7 coin; any article of food or clothing; any tobacco products as 8 defined in s. 210.25(11); any cigarette as defined in s. 9 210.01(1); any cigar; any intoxicating beverage or beverage 10 which causes or may cause an intoxicating effect; any 11 narcotic, hypnotic, or excitative drug or drug of any kind or 12 nature, including nasal inhalators, sleeping pills, 13 barbiturates, and controlled substances as defined in s. 14 893.02(4); any firearm or any instrumentality customarily used 15 or which is intended to be used as a dangerous weapon; and any 16 instrumentality of any nature that may be or is intended to be 17 used as an aid in effecting or attempting to effect an escape 18 from a county facility. 19 Section 11. Paragraph (a) of subsection (1) of section 20 985.4046, Florida Statutes, is amended to read: 21 985.4046 Introduction, removal, or possession of 22 certain articles unlawful; penalty.-- 23 (1)(a) Except as authorized through program policy or 24 operating procedure or as authorized by the facility 25 superintendent, program director, or manager, a person may not 26 introduce into or upon the grounds of a juvenile detention 27 facility or commitment program, or take or send, or attempt to 28 take or send, from a juvenile detention facility or commitment 29 program, any of the following articles, which are declared to 30 be contraband under this section: 31 1. Any unauthorized article of food or clothing. 8 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 2. Any intoxicating beverage or any beverage that 2 causes or may cause an intoxicating effect. 3 3. Any controlled substance, as defined in s. 4 893.02(4), or any prescription or nonprescription drug that 5 has a hypnotic, stimulating, or depressing effect. 6 4. Any firearm or weapon of any kind or any explosive 7 substance. 8 Section 12. This act shall take effect July 1, 2006. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 Delete everything before the enacting clause 14 15 and insert: 16 A bill to be entitled 17 An act relating to controlled substances; 18 amending s. 39.301, F.S.; requiring the 19 Department of Children and Family Services to 20 file a petition for dependency for the children 21 of parents involved in certain controlled 22 substance crimes; amending s. 893.13, F.S.; 23 revising provisions relating to criminal 24 penalties for controlled substance violations 25 that result in serious injury to specified 26 individuals; creating s. 627.4107, F.S.; 27 prohibiting cancellation of life or health 28 insurance policies or certificates of specified 29 local, state, or federal employees due to 30 exposure to toxic chemicals or due to disease 31 or injury incurred in their duties related to 9 12:34 PM 04/17/06 s2356d-ju20-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2356 Barcode 140974 1 controlled substance law violations committed 2 by others; clarifying that cancellation or 3 nonrenewal otherwise authorized under the 4 Florida Insurance Code for circumstances 5 involving fraud or intentional 6 misrepresentation is not prohibited; providing 7 penalties; amending s. 907.041, F.S.; revising 8 a definition; revising provisions relating to 9 pretrial release of certain defendants charged 10 with certain controlled substance offenses; 11 amending ss. 465.016, 465.023, 856.015, 12 893.135, 944.47, 951.22, and 985.4046, F.S.; 13 conforming cross-references; providing an 14 effective date. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 12:34 PM 04/17/06 s2356d-ju20-t01